Indiana Estate Planning 2015 to Avoid Probate with Free Forms and TOD Deed

IDIANA ESTATE PLANNING GUIDE WITH FORMS

2015 EDITION

A comprehensive guide to estate planning for traditional estates to avoid probate including 24

forms and new TOD Deed.

JOHN R BERGER JD

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Copyright 2015 by John R. Berger. [email protected]

All rights reserved. This book or parts thereof may not be reproduced in any form without permission of the author.

Published 2015 by Lake James Press20 Lane 200H Lake JamesAngola IN 46703

John R. Berger is a graduate of Harvard Law School (JD 1953), Hillsdale College (BS Summa Cum Laude 1950), and a retired Circuit Court Judge and Professor of Law, Tri-State University. His autobiography, The Bubbles Rise, a sentimental journey told with humor and nostalgia, and a survey of law textbook, Change of Venue, featuring the trial of an Indiana triple murder over which he presided as a young trial judge, are available at Amazon.

DISCLAIMER: The author hereby disclaims any and all responsibility or liability, which may be assessed or claimed arising from or claimed to have arisen from reliance upon procedures and information or utilization of the forms set forth in this manual, by attorney or non-attorney.

The entire materials in this book including all forms can be downloaded, saved, edited, copied (in part or in full) and printed at no cost in MS WORD.

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TABLE OF CONTENTS

1. Estate Planning Outline and Explanation: Prologue 6 Introduction 6 Explanation and examples of POD and TOD accounts 8 Explanation of TOD Deed 9 Conclusion 9

2. Estate Planning Fact Sheet and Question Sheet:

Examples of how to title checking account; savings account; IRA; life 9 insurance; CD; retirement account; securities; brokerage account; mutual fund; US savings bond; household goods, antiques and jewelry; automobiles; watercraft and trailers; and real estate 3. Questions: Inheritance with death intestate and testate; survivor's 11 allowance; right of election to take against will; Indiana Inheritance Tax

4. Estates over federal exemption: How to decrease by gifts 12

5. Creditors' claims to non probate assets 12

6. Indiana Inheritance Tax 13

7. Ancillary Documents 13

8. Discussion of Transfer on Death Property Act IC 32-17-14 14

9. Federal Deposit Insurance Coverage 17

FORMS

10. TOD Deed with Named Primary and Contingent Beneficiaries 21

11. TOD Deed with Inter-vivos or Testamentary Trustee as beneficiary 23

12. TOD Deed Survivorship Affidavit 25

13. TOD Deed Affidavit IC 32-17-14-26(b)(20) 27

14. TOD of Personal Property (Bill of Sale) IC 32-17-14-12(a) 31

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TABLE OF CONTENTS (CONTINUED)

FORMS

15. Trust to accept POD-TOD Assets (trusts for children) 33

16. Trust to Accept Assets including POD-TOD Assets (equally to children) 38

17. POD AND TOD Agreement (To Be Held As Trustee) 41

18. POD Beneficiary Designation 42

19. Affidavit For Non-probate Transfer of Property IC 32-17-14-26(b)(17)(19) 46

20. General Power of Attorney: Appoints and authorizes someone to act in 50 all matters for another which may include general health care authority. This Power of Attorney will not authorize authority to withhold or Withdraw health care.

21. Living Will: Used to declare prior to death health care wishes of decedent 56 including artificially supplied nutrition and hydration

22. Appointment of Health Care representative: Appoints and authorizes 57 someone to make general health care decisions which may include authority to withhold or withdraw health care

23. Transfer to Minor Form: Used to make gift to a person under 21 wherein 58 a custodian manages the asset until minor reaches 21 or death

24. Affidavit For Transfer of Assets and For Value Without Administration: 59 Used for transfer of personal property where the gross value of the probate estate, less liens and encumbrances does not exceed $50,000.00

25. Affidavit For Transfer of Assets Without Administration 63

26. Affidavit For Transfer of Real Estate Without Administration: Used 66 for transfer of real estate where the gross value of the probate estate, less liens and encumbrances does not exceed $50,000.00, the costs and expenses of administration and reasonable funeral expenses

27. POD and TOD Sharing Agreement: Used to avoid named beneficiary 68 descendents not receiving named beneficiary share.

28. Basic Will 69

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TABLE OF CONTENTS (CONTINUED)

FORMS

29. Pour Over Will 71 30. Petition to Probate Will 72

31. Affidavit of Death and Proof of Will 73

32. Order of Probate 75

33. HIPPA Waiver Form 76

INDIANA CODE POVISIONS https://iga.in.gov/legislative/laws/2014/ic/

1. Transfer on Death Property Act IC 32-17-14 79

2. Multiple Party Accounts IC 32-17-11-1 to 29 95 3. Small Estates:

Gross estate less liens and encumbrances not IC 29-1-8-1 103 over $50,000.00 Affidavit for Transfer of IC 29-1-8-1.5 Personal Property IC 29-1-8-2

Gross estate less liens and encumbrances not IC 29-1-8-3(b) 105 over $50,000.00, the costs and expenses of administration, and reasonable funeral expense Affidavit for Transfer of Real Estate

4. Intestate Succession IC 29-1-2-1 106 5. Survivor’s Allowance of $25,000.00 IC 29-1-4-1 109

6. Election by Surviving Spouse to take Against Will IC 29-1-3-1 to 3 110

7. Creditor’s and Allowance claims to TOD and POD IC 32-17-13 112

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PROLOGUE

Probate law provides an organized method of gathering a decedent's assets, the procedure for giving notice to creditors, the filing of their claims and establishing priorities among them, and making the distribution of assets by the Personal Representative in the manner set forth in the decedent's will. The law provides for both supervised and unsupervised administration. Often, this complete organizational process (and expense) is unnecessary because of:

1. The closeness of the family situation 2. The lack of significant creditors and sufficiency of funds to pay all of them 3. The simplicity of the decedent's distributional intent 4. The simplicity of the character of the assets If during estate planning, it appears that none of the benefits of probate administration are needed, then the estate planner should consider methods to avoid such proceedings and expense. One method to avoid the administration of an estate is to use an estate plan which includes a simple Will, Transfer on Death Deed pursuant to IC 32-17-14 (effective July 1, 2009), Pay on Death (POD) and Transfer on Death (TOD) property, accounts and securities, and beneficiary designations as set forth in the following materials.

INTRODUCTION

It is possible to have no federal estate tax and to avoid probate administration and the expense thereof if the total value of all assets, less certain deductions, for an individual or for a husband and wife are equal to or less than the federal estate tax lifetime basic exclusion amount ($5,340,000 for individual and $10,680.000 for H and W for 2014 death with portability*, and $5,430,000 and $10,860,000 for 2015 death*, and indexed to inflation thereafter. NOTE: If total assets of husband and wife are over the single exclusion amount (Ex: $5,340,000 for 2014 death) a federal Form 706 with appropriate election (Part 6) must be timely filed when the first dies or no portability. Also see pg. 12 for annual exclusion. *Portability means survivor of H and W can use unused exclusion of first to die when survivor dies.

The following steps can be taken:

(a) All real estate (and certain tangible personal property as hereafter set forth) should be transferred to beneficiaries by means of a Transfer on Death Deed and Transfer on Death Bill of Sale pursuant to IC 32-17-14 and forms hereafter set forth.

(b) All checking and savings accounts, CDs, brokerage accounts, stocks, bonds etc. to be held by husband and wife as joint and survivor owners, or individually if not married, with the designation POD (pay on death) or TOD (transfer on death) to children or others as described hereafter. (c) All life insurance, IRAs, and retirement accounts should name a primary beneficiary (usually the husband or wife as primary beneficiary) and the children equally (or others) as contingent beneficiaries.

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(d) Upon the death of a joint owner, the survivor should place any cash proceeds from property listed in (c) above in the name of the survivor with designation POD or TOD equally to the children (or others). Any interest in IRAs and retirement accounts retained by the survivor should name the children (or others) as beneficiaries.

(e) All vehicles and watercraft should be titled jointly between husband and wife TOD to children or others or H or W individually TOD pursuant to IC 9-17-3-9 (vehicles) and IC 9-31-2-30 (watercraft) and IC 32-17-14. If not held TOD and if the total value of all vehicles and boats plus the total of all other assets less liens and encumbrances is $50,000.00 or less, all personal property assets will belong to the intestate heirs or will beneficiaries at the death of the joint survivor and can be transferred without administration to such distributees by Affidavit For Transfer of Assets Without Administration (Indiana Code 29-1-8-1). See pg. 59 and 63. If the gross probate estate contains real estate which is not TOD, and if it appears that the decedent’s gross probate estate, less liens and encumbrances, does not exceed the sum of the following: fifty thousand dollars ($50,000.00), the costs and expenses of administration, and reasonable funeral expense, then the real estate will belong to and can be transferred to intestate heirs or will beneficiaries at death without administration by Affidavit for Transfer of Real Estate. IC 29-1-8-3(b). See pg. 66. If the value of the real estate exceeds said amounts, or if such an affidavit is not approved by a title examiner, the real estate can still be transferred to the devisees by probating the Will. See (g) below.

(f) When the survivor dies, all assets listed in (b), (c), (d) and (e) above will belong to the children (or others named) according to the POD, TOD, joint owner, beneficiary designations, and any affidavits pursuant to IC 29-1-8-1 and IC 29-1-8-3(b), without probate administration.

(g) Both husband and wife should have simple Wills which should be probated (spread of record). An administration should not be opened. A probated Will transfers all personal and real property owned by a decedent which is not in beneficiary form, joint, POD or TOD. The property is not subject to claims of creditors (except federal, state and state subdivision claims) after 9 months from the death of decedent. The probated Will transfers any property not titled as above set forth including any later discovered property, transfers property when all POD, TOD and other beneficiaries predecease the primary owners, and can be the basis for naming the beneficiaries in the affidavits described in (e) above. See Will (pg. 69), Petition to Probate Will (pg. 72), Affidavit of Death and Proof of Will (pg. 73), Order of Probate (pg. 75) and Affidavit for Transfer of Real Estate Without Administration (pg. 66).

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EXPLANATION OF POD AND TOD ACCOUNTS AND SECURITIES

A POD account is used for checking and savings accounts, CDs, IRAs and US Savings Bonds. A TOD account is used for brokerage accounts, stocks, notes, bonds etc. Authority for POD and TOD transfers is set forth in IC 32-17-14 effective July 1, 2009. Pg. 37 Joint or individually owned POD or TOD accounts are completely owned and controlled by the named owner(s). The accounts can be terminated or changed in any way by the owner(s). The children (or other named beneficiaries) have no rights until the death of the all owners. When all owners are deceased, the assets then belong to those designated without going through probate. In the following examples, John Doe and Mary Doe are husband and wife and William Doe and Jane Doe are their children. POD and TOD examples: A checking account, savings account, CD or IRA in the name of John Doe and Mary Doe JT TEN, POD to Jane Doe, daughter, and William Doe, son. Upon the death of all original owners the surviving POD beneficiaries will own the asset as equal tenants in common unless the POD beneficiary designation or TOD law provide otherwise. If a beneficiary does not survive owners and the beneficiary is a lineal descendant, then the lineal descendants of the deceased descendant take the deceased beneficiary’s share. If a beneficiary does not survive owners and the beneficiary is not a lineal descendant, then the lineal descendants of the deceased descendant will take the deceased beneficiary’s share only if the deceased beneficiary’s designation was LDPS (lineal descendants per stirpes). Example: John Doe and Mary Doe JT TEN, POD to Jane Jones (a niece) LDPS, and William Jones (a nephew) LDPS.

A bank will allow a POD designation to be added to an existing individual account or CD. Also, most banks allow an individual(s) ownership of an existing account or CD to be changed to ownership by a grantor trust. CAUTION: Contrary to the new statute, many banks will not allow per stirpes for prior deceased lineal descendants (then use Sharing Agreement see pg. 68) and will not accept a trustee or other fiduciary as a POD beneficiary (then have a simple revocable trust as the owner see pgs. 33 and 38 or POD to trusted child pg. 41). * A TOD designation instead of POD would be used for brokerage accounts and securities registration. Some security registrars do not accept TOD designations for more than one TOD beneficiary. If only one TOD beneficiary is allowed, then the securities could be split into several TOD securities or the securities could be transferred to a brokerage account which permits multiple TOD beneficiaries. If LDPS designation is not accepted, a Sharing Agreement form (pg. 68) may be used which is signed by all beneficiaries and specifies that a deceased beneficiary’s children will take their parents share as if he/she had survived. Most brokerage accounts do allow contingent, percentage and trust beneficiaries. ** The 2012 amendment to IC 32-17-14-26 (a) and (b) now does not allow the transferring entity (banks etc.) to refuse to follow the law and they must allow per stirpes, LDPS etc. However, some banks refuse to follow the law.

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EXPLANATION OF TOD DEED

As of July 1, 2009, real estate can be placed in TOD form simply by preparing a TOD Deed and having it recorded in the Recorder’s Office (pgs. 21 & 23). Probate is avoided and upon the death of the owner(s) the real estate automatically is owned by the TOD beneficiaries named in the TOD Deed. An affidavit must be recorded after the death of all owners to perfect title in the beneficiaries (See pgs. 25 and 27). The deed should be carefully drawn to provide within the deed the names and relationship of all TOD present and contingent beneficiaries to avoid having to have a court determination of heirship.

The TOD Deed can be amended or revoked during the life of the owners by recording a new deed or affidavit. The TOD beneficiaries and their creditors have no rights in the real estate until after the death of all owners.

CONCLUSION

If the steps set forth are followed, there would be no reason to have an administration for either primary owner (John and Mary Doe). There would be no Federal Estate Tax and no Indiana inheritance tax (for deaths after December 31, 2012) when the first or last original primary owner dies. Expenses to prepare simple Wills, TOD Deed, TOD Bill of Sale, and to record the deed are minimal. There would be no expense or death taxes upon the first death if there are joint original owners. Any transfer of assets to the children upon the death of the survivor would be very simple to accomplish and there would be little expense except for the determination and payment of Indiana inheritance tax (for survivors death prior to January 1, 2013), the preparation and recording of a final TOD Deed Affidavit, the possible probate of the Will, and the preparation of any needed Affidavits For Transfer of Assets without Administration. If there is concern about the family sharing and paying taxes, debts and expenses, consider a POD or TOD account to a trusted child in an amount to cover these expenses (see Form pg. 41) or an account owned by a trust (see Forms pg. 33 and pg. 38) .

EXAMPLES OF HOW TO TITLE John and Mary Doe (H and W) are married and have two children, Jane Doe and William Doe (C1 and C2). The following assets should be titled as follows:

The property consists of the following:

Checking account: $5,000.00 H and W as joint tenants, POD to C1 and C2 Money Market Savings Account $20,000.00 H and W as joint tenants, POD to C1 and C2

IRA: John Doe $50,000.00 Principal Beneficiary, W; Contingent beneficiaries, C1 and C2 equally

IRA: Mary Doe $50,000.00 Principal Beneficiary, H; Contingent beneficiaries, C1 and C2 equally

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Life Insurance: John Doe $60,000.00 Principal Beneficiary, W; Contingent beneficiaries, C1 and C2 equally

Life Insurance: Mary Doe $60,000.00 Principal Beneficiary, H; Contingent beneficiaries, C1 and C2 equally CDs $120,000.00 H and W as joint tenants, POD to C1 and C2 Retirement Acct.: John Doe $100,000.00 Principal Beneficiary, W; Contingent beneficiaries, C1 and C2 equally 1000 shares JR Co. common Stock in stock certificate or $80,000.00 in brokerage account. H and W as joint tenants, TOD to C1 and C2; or 500 sh. H and W as joint tenants, TOD to C1 and 500 sh. H and W as joint tenants, TOD to C2.

Mutual Fund $410,000.00 H and W as joint tenants, TOD to C1 and C2

US Savings Bonds $10,000.00 $10,000.00 H or W; $5,000.00 H POD to C1 and $5,000.00 H POD to C2; or $5,000.00 W POD to C1 and $5,000.00 W POD to C2 (only one beneficiary person can be named in US Savings Bonds) Household goods, furniture, fixtures, antiques, collectibles, jewelry $30,000.00 H and W as joint tenants TOD to C1 and C2 TOD Bill of Sale (pg. 31) Note: If not TOD Bill of Sale, household goods acquired during marriage in possession of H and W are by statute owned as joint tenants. IC 32-17-11-29

Two automobiles and boat trailer $35,000.00 H and W as joint tenants and to the survivor TOD to C1 and C2 under IC 9-17-3-9 and LDPS applies. Boat $10,000.00 H and W as joint tenants and to the survivor TOD to C1 and C2 under IC 9-31-2-30 and LDPS applies. Family residence (real estate) $160,000.00 TOD Deed to C1 and C2 (See pgs. 21 and 23) Safety Deposit Box: Have signature card with H, W, and either C1 or C2 --- ___________ Total $800,000.00 (If all of the above bank accounts are in the same bank, they are fully FDIC insured.They are all in the Trust category, Joint Account or Retirement Account category. See Page 17)

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QUESTIONS

1. Q. If property not jointly held by H and W and is in the sole name of either, who inherits when John or Mary Die?

A. With a Will? According to the Will provisions subject to survivor’s right to elect to take against the will (½ H or ½ W) and Survivor‘s Allowance of $25,000.00 to H or W.See IC 29-1-3-1 to 3 for Election (Pg. 110) and IC 29-1-4-1 for Allowance (Pg. 109).

A. Without a Will? According to Indiana succession statute: ½ H or ½ W; ¼ C1; ¼ C2, subject to Survivor’s Allowance of $25,000.00 to H or W. See IC 29-1-2-1 Pg. 106.

2. Q. If there is no POD, TOD, joint title or beneficiary designation, whoinherits the property when the survivor dies?

A. With a Will? If the asset is contractual (i.e. insurance, retirement accounts or IRA) according to the contract. Other assets according to the Will provisions subject to election and allowance. If the total estate is over $50,000.00, must probate the will and possibly have an administration. If under $50,000.00, see pgs. 59, 63 and 66.

B. Without a Will? Same as above except C1 and C2 each inherit ½ under Indiana succession statute.

3A. Q. Can John and Mary Doe, or the survivor, sell or mortgage the real estate which is held in TOD Deed? Yes.

3B. Q. Can they or the survivor amend or terminate the TOD Deed? Yes by recording a new deed or termination affidavit.

4. Q. Will there be any Federal Estate (Death) taxes when either H or W die, or when they are both deceased? (assume net estate of $800,000.00 assets)

A. No since net taxable estate does not exceed the lifetime basic exclusion amount: $5,340,000.00-$10,680,000 for 2014 death, and for 2015 death $5,430,000-$10,860,000, and thereafter same as 2015 death indexed for inflation (with portability and filing of 706 when first dies, see pg. 6)

5. Q. What will be the Indian Inheritance (Death) tax when John or Mary dies? A. None. For a death after December 31, 2012, NO INHERITANCE TAX.

6. Q. What will the Indiana Inheritance tax be when the survivor dies? A. None. For survivors death after December 31, 2012, NO INHERITANCE TAX.

7. How much is the Federal Deposit Insurance? See page 17.

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ESTATES OVER FEDERAL ESTATE TAX BASIC EXCLUSION AMOUNT

If the total assets of a husband and wife or a single person are over the basic lifetime exclusion(s) amount allowed (see pg. 6), it is possible to decrease the estate by making charitable gifts and gifts to children or others. Any assets value over the basic lifetime exclusion(s) amount held by the survivor of H and W, less certain deductions, will be subject to federal estate taxes at the rate of 40% for 2014 and thereafter. There is no limit on the amount of charitable gifts and these are deductible. Gifts to children or others can be tax free in the amount of $13,000.00 for 2012, $14,000.00 for 2013-15 (called the annual exclusion), and indexed for inflation thereafter per donee per year. If H and W consent, the amount is double.* Gifts over the annual exclusion reduce the basic lifetime exclusion amount and may be subject to gift or estate tax. * Federal Gift Tax Form 709 for both H and W with written consent must be filed to double the amount of the annual exclusion. If gifts are to minors, the Transfer to Minors Act (Indiana Code 30-2-8.5) is useful. This act provides for the transfer of property from parents to a custodian (a parent) to be used or retained for the benefit of a child until the child attains 21 years of age. Pg. 58.

CREDITOR'S AND ALLOWANCE CLAIMS TO NON PROBATE ASSETS

Pursuant to IC 32-17-13-1 through 9, certain types of non probate assets are susceptible to certain allowed claims and allowances by certain estate claimants if the assets which are solely in the decedents name are not sufficient to pay such claimants. The claims or claimants include creditors of decedent, taxing authorities, for expenses of administration, and survivor’s allowances ($25,000.00 to surviving spouse and children).

The assets susceptible are: TOD and POD accounts; TOD Deeds, multiple party accounts (joint accounts etc.); revocable trusts; jointly owned real estate; and Roth IRA.

Assets not susceptible are: Tenancy by the entireties real estate; transfer of life insurance policy; death proceeds of life insurance policy and annuity; non Roth IRA; and employer sponsored retirement plans such as 401(k), and 403(b).

Therefore, if all assets are held as above described, neither H nor W will have any assets in their sole name at death and, if the family does not pay certain described claimants, such claimants could pursue their claims against certain assets as above set forth. Note: Usually there is no administration and a creditor or spouse or children, after timely filing of the claim by a creditor, will have to petition to open an estate. If the creditor is appointed as personal representative, unless the creditor’s claim is approved by all interested parties, the court must appoint a special personal representative to allow or disallow the claim. IC 29-1-14-17. If disallowed, the claim is set for trial. A special personal representative need not be appointed to allow a spouse or family allowance. If an ultimately allowed creditor’s claim or allowance is not paid, the personal representative, after written demand, should file a proceeding to collect against the non probate transferees. A proceeding to collect from transferees must be brought within 9 months of death or within 60 or 90 days. See IC 32-17-13-8

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INDIANA INHERITANCE TAX

The Indiana Inheritance Tax has been repealed retroactive to deaths on and after January 1, 2013.

ANCILLARY DOCUMENTS

A proper estate plan should include certain ancillary documents such as a Power of Attorney (IC 30-5-5 and Pg. 50) which authorizes the one holding the power to act on behalf of the principal; Appointment of Health Care Representative (IC 16-36-1 and pg. 57) which authorizes another to make certain health care decisions; and Living Will (IC 16-36-4 and pg. 56) which may declare a general intention that health care be withheld or not withheld under certain circumstances. The Power of Attorney for H and W should each name the other as attorney in fact and then name one or more children as Successor Attorney in Fact. Also, the Power of Attorney can give the attorney in fact authority over health care decisions (Health Care Powers: IC 30-5-5-16) unless the client desires to name someone else to make health care decisions. If so, such a power should be omitted in the Power of Attorney and an Health Care Representative appointed who would have such power including, if desired, the power to withhold health care. In this case the health care appointment should be supported by a Living Will. If a client does want health care withheld but does not want to burden anyone with the responsibility of making this decision, the appointment of an health care representative should only give general health care powers and there should be a Living Will that expresses the general intention that health care be withheld. Also see HIPAA Waiver Form pg. 76.

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DISCUSSION OF TRANSFER ON DEATH PROPERTY ACT IC 32-17-14 (as amended) See page 79 for statute

The 2009 Indiana Legislature adopted a new POD-TOD statute as next set forth hereafter, which became effective July 1, 2009. Following are comments concerning the act.

1. TOD provisions set forth in the Uniform Act on Transfer on Death Securities, IC 32-17-9, were repealed effective July 1, 2009. The Multiple Party Accounts statute, IC 32-17-11, was amended to delete all POD provisions and IC 32-17-11-10, IC 32-17-11-11 and IC 32-17-11-24 were repealed effective July 1, 2009. (Pg. 95) TOD Vehicles IC 9-17-3-9 and TOD Watercraft IC 9-31-2-30 are not repealed but are supplemented by IC 32-17-14 to the extent that the new statute is not inconsistent. If new act would prejudice a TOD or POD existing beneficiary, old acts apply.

2. (a) Act includes all property: real, personal, tangible and intangible but excludes benefits paid by a life insurance company unless included by express agreement. IC 32-17-14-2(c) (b) Act states that any person can be a beneficiary. A person is defined as “an individual, sole proprietorship, partnership, an association, a fiduciary, a trustee, a corporation, a limited liability company, or any other business entity.” IC 32-17-14-3(7)

3. Allows LDPS (lineal descendants per stirpes) or no LDPS beneficiary designation. IC 32-17-14-22(c)(d). Evidence of and information concerning LDPS beneficiaries must be presented to transferring entity within twelve months of owner’s death. IC 32-17-14-26-(b)(12)

4. Provides for automatic LDPS distribution if beneficiary is a deceased lineal descendant. IC 32-17-14-22(b). Provides for optional LDPS designation and distribution if beneficiary is not a deceased lineal descendant. IC 32-17-14-22(d). If no LDPS distribution, only surviving beneficiaries take property. IC 32-17-14-22(f) This changes prior law as under prior law any beneficiary must survive owner to take a share.

5. Allows contingent beneficiaries. IC 32-17-14-26(b)

6. Allows multiple owners. IC 32-17-14-3(5) and percentage or fractional share for beneficiaries. IC 32-17-14-26(b)(5)(6) (Ex: POD to John Jones 1/2; Mary Jones 1/4; Helen Jones 1/4. Also see Deed form with TOD to named contingent beneficiaries who may take fractional share pg. 21. 7. Provides that a POD or TOD registration request by owner must be in writing, dated, and signed by owner. See Form pg. 42. If TOD Deed, must comply with requirements for recording. IC 32-17-14-26(b)(1) All deeds must have current street or rural route address of grantee. IC 32-21-2-3(b).

8. Provides that a POD or TOD request for payment or transfer by a beneficiary must be in writing and contain certain information and documents. IC 32-17-14-26(b)(19) See Form pg. 46.

9. TOD Deed can be used to replace use of Land Trust and Land Trust Deed or traditional inter-vivos trust.

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Note: The beneficiaries in the TOD Deed should be specifically named rather than being named as a class (my children) to avoid having a court Determination of Heirship (IC 29-1-17-15.1) to perfect title. See TOD Warranty Deed pg. 21

a. The beneficiaries in a TOD Deed can be revoked or amended by recording a new deed or affidavit. IC 32-17-14-16(j)

b. TOD Deed needs no consideration and need not be delivered to beneficiaries. IC 32-17-14-11(c). Deed must be recorded prior to death of owners. IC 32-17-14-11(a)(2)

c. TOD designations included in a deed can name a Trustee as the beneficiary. IC 32-17-14-3(7). The trust may be amended, revocable, irrevocable, funded, unfunded or amended. IC 32-17-14-21. An express testamentary trust or inter-vivos trust can be funded at the death of owners by proper TOD designation. The will must be probated (Spread of Record) if testamentary trust is the beneficiary. See IC 32-17-14-26(b)(11) Also see TOD Warranty Deed pg. 23.

d. Grantor and Grantee in TOD Deed may be different persons. IC 32-17-14-13. Ex: Jones conveys to Smith TOD Adams. Requires endorsement of Auditor. See e below.

e. If grantor and grantee in TOD Deed are exactly the same, the endorsement of the Auditor is not necessary for recording as tax status is the same.. f. To transfer title to beneficiaries at death of Owner, a beneficiary must record a TOD Affidavit. IC 32-17-14-26(b)(20) See Affidavits pgs. 27 and 25 .

10. Provides for transfer of tangible personal property by gift or bill of sale. Must be signed and acknowledged before Notary public by owner. Does not need consideration or delivery to beneficiary. IC 32-17-14-12. See TOD Transfer of Personal Property form (Bill of Sale) pg. 31.

11. Provides broad transferring entity protection which should encourage acceptance of POD and TOD. IC 32-17-14-27.

12. Certain claims and allowances are allowed against POD and TOD beneficiaries if a claim is filed by the earlier of 9 months of death or three months after publication of administration notice by following IC 32-17-13. Proceedings to recover an allowed claim must be brought by 9 months after death or 60 or 90 days. See Pg. 12. A good faith purchaser for value from a beneficiary is protected against decedent’s creditors not of record. IC 32-17-14-28(e).

13. If Transferring entity accepts POD or TOD designations, under new 2012 amendment, IC 32-17-14-26 (a) and (b), it may not set terms and conditions contrary to the law. Ex: May not refuse multiple owners and beneficiaries, certain beneficiaries (i.e. trustees and trusts), LDPS, contingent beneficiaries, and fractional or percentage beneficiaries. CAUTION: When opening a new TOD account, check carefully the printed form you are asked to sign as the transferring entity may not follow the new law and may attempt to limit it.

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14. See Federal Deposit Insurance pg. 17 for transfer on death amount of insurance.

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FEDERAL DEPOSIT INSURANCEThe standard maximum deposit Insurance Amount (SMDIA) is $250,000.00

per category

There are six main categories of ownership of interest bearing accounts. Each category has its own rules as to coverage for insurance and each category and the amount of insurance are considered separately by category.

These categories are:1. Single account2. Joint account3. Revocable trust accounts which may be informal (POD Accounts) or formal (living

(inter-vivos) trust). Includes 3A and 3B below in this category.4. Irrevocable trust accounts5. Retirement accounts (Traditional or Roth IRA)6. Corporation/Partnership/Unincorporated Association accounts

Note: Federal Deposit insurance applies to all types of deposits received by an insured bank or savings association including checking, NOW, savings, money market deposits and CDs. The FDIC does not insure money invested in stocks, bonds, mutual funds, life insurance policies, annuities or municipal securities even if purchased from a bank. If a brokerage account holds an account which is deposited in a bank (Ex: money market or CD), the deposits are insured by the bank. 1. Single account. Deposits in the name of one person, guardian, Custodian under Uniform Transfer to Minors Act, sole proprietor DBA, decedent’s estate, escrow and brokered deposit accounts.

All single accounts owned by the same entity at the same bank are added together and the total insurance is $250,000.00.

2. Joint account. Deposits as joint co-owners by two or more persons. Legal entities such as corporations, trusts, estates, or partnerships are not eligible for joint account coverage. All co-owners must have equal rights to withdraw deposits and sign the deposit card.

Each co-owners share of every account that is held jointly at the same bank is added together with the co-owners other joint shares, and the total is insured up to $250,000.00 for each co-owner.

3 A. Revocable trust type A: Informal revocable trust POD account. The amount of insurance is based upon the number of POD owner qualified beneficiaries and is limited to $250,000.00 per owner qualified beneficiary.

Examples:

A. John Jones POD son Jim Jones. 1 times $250,000.00 equals $250,000.00 insurance assuming no other revocable trust accounts at the same bank.

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B. John Jones POD son Jim Jones, daughter Mary Jones and daughter Jane Jones. 3 times $250,000.00 equals $750,000.00 insurance assuming no other revocable trust accounts at the same bank.

C. John Jones and Susan Jones, jointly and to survivor, POD son Jim Jones, daughters Mary Jones and Jane Jones. John Jones has 3 beneficiaries and Susan Jones has 3 beneficiaries. 6 times $250,000.00 equals $1,500,000.00 insurance assuming no other revocable trust accounts at the same bank.

3B. Revocable trust type B: Formal living (inter-vivos) revocable trust account. The amount of insurance is based upon the number of qualified grantor beneficiaries and is limited to $250,000.00 per grantor beneficiary.

Examples:

A. John Jones trust with his three children as beneficiaries at his death. There are three beneficiaries and the maximum insurance is $750,000.00 assuming no other revocable trust accounts in the same bank.

B. John Jones trust with wife Susan Jones life beneficiary at his death and at her death equally to their three children. Susan Jones is considered as a beneficiary. Therefore there are 4 beneficiaries and the maximum insurance is $1,000,000.00 assuming no other revocable trust accounts in the same bank.

C. John Jones and Susan Jones trust with all assets belonging to survivor in trust and at survivor’s death equally to their three children. Same as Example C in 3A above. Maximum insurance is $1,500,000.00 assuming no other revocable trust accounts in the same bank.

A beneficiary must be qualified in POD and living-inter-vivos revocable trust accounts. The following are qualified:

A person, charity or other non-profit organization. Prior relationship requirement repealed effective October 8, 2008.

The following are not qualified: all other beneficiaries including trusts.

Example: John Jones POD Mary Doe Revocable Trust. The beneficiary is not qualified but insurance is $250,000.00 as if no POD. The POD account is treated as if it was a single account and is added to any other John Jones single accounts which can not exceed $250,000.00.

4. Irrevocable Trust. The beneficiaries need not be qualified. Same rule as to who are beneficiaries as in revocable trust except a beneficiary is disqualified if the beneficiary’s share can be diminished. Complicated rules and most are limited to $250,000.00.

Example: Typical testamentary family trust (like credit shelter trust) created at death with income for life to surviving spouse, right of trustee to pay principal of trust to spouse for support etc., remainder to children equally at death of spouse.

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The children are disqualified, the only beneficiary is the surviving spouse, and the maximum insurance is therefore $250,000.00 assuming no other accounts in this category.

5. Retirement accounts: Traditional and Roth IRA. Insured up to $250,000.00 for total of such accounts.

6. Corporate/Partnership/Unincorporated Association Accounts, including for-profit and not-for-profit organizations:

All such accounts owned by the same entity at the same bank are added together and the total insurance is $250,000.00.

7. Example: (all of these accounts are at the same bank)

Amount InsuredA. John Jones savings account $100,000.00 $100,000.00

B. John Jones DBA Johns Grill checking $200,000.00 $150,000.00 ($50,000.00 over single account category limit)

C. John and Mary Jones jt, account No. 1 $300,000.00 $300,000.00

D. John and Mary Jones jt. Account No. 2 $300,000.00 $200,000.00 ($100,000.00 over jt. account category limit)

E. John Jones POD son Jim Jones $150,000.00 $150,000.00

F. John Jones POD son Jim Jones, daughter $450,000.00 Susan Jones and son Ralph Jones Jim Jones ($150,000.00 share) $100,000.00 (Jim’s $150,000.00 share is $50,000.00 over his limit in rev. trust category) Susan Jones ($150,000.00 share) $150,000.00 Ralph Jones ($150,000.00 share) $150,000.00

G. John Jones living trust payable equally to $450,000.00 Jim Jones, Susan Jones and Ralph Jones at death of John Jones Jim Jones ($150,000.00 share) -0- (over his rev. trust category limit) Susan Jones ($150,000.00 share) $100,000.00 ($50,000.00 over her limit in rev. trust category) Ralph Jones ($150,000.00 share) $100,000.00 ($50,000.00 over his limit in rev. trust category)

H. John Jones POD B. Smith Revocable Trust $50,000.00 -0- (B. Smith Trust is a non qualified beneficiary. Therefore treated as a single account of John Jones and he is over his limit in single account category.

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I. John Jones IRA, beneficiaries are three children $300,000.00 250,000.00

SUMMARY Account Amount Amount insured

Account A $100,000.00 $100,000.00Account B $200,000.00 $150,000.00 Account C $300,000.00 $300,000.00Account D $300,000.00 $200,000.00 Account E $150,000.00 $150,000.00Account F $450,000.00 $400,000.00Account G $450,000.00 $200,000.00Account H $50,000.00 -0-Account I $300,000.00 $250,000.00Total of Accounts $2,300,000.00 Total insurance $1,750,000.00

Note: FDIC web site:

https://www.fdic.gov/deposit/deposits/brochures.html

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TOD WARRANTY DEED

THIS INDENTURE WITNESSETH, that the Grantors, John Doe and Mary Doe, Husband and Wife, of _____________ County, Indiana, pursuant to IC 32-17-14 convey and warrant to owners John Doe and Mary Doe, *husband and wife, as tenants by the entireties, transfer on death to our children named below equally who survive us as tenants in common, subject to the following: if any said child of ours does not survive us and leaves a below named child or children surviving us, then such below named child or children of my said deceased child shall equally take the share that such child of ours would have taken if such child of ours had survived us. If we are survived by no below named child, children or grandchildren, then equally to our below named nieces and nephews as tenants in common.

PRIMARY BENEFICIARIES:

Our children are: William Doe, Mary Smith and Helen Jones.

CONTINGENT BENEFICIARIES:

The children of William Doe are:________________________________________. The children of Mary Smith are:_________________________________________. The children of Helen Jones are: None

Our nieces and nephews are:____________________________________________.

the following described real estate in ____________ County, Indiana, to-wit:

See attached Exhibit A for legal description which is incorporated herein.

to have and to hold the said real estate with all improvements as set forth herein.

Upon the death of owners, title to the above described real estate and shall vest in the above described beneficiaries as set forth above.

A purchaser for value of the above described real estate or a lender who acquires a security interest in the property from a beneficiary, in good faith, shall take the property free of any claims of or liability to the owner's estate, creditors of the owner's estate, persons claiming rights as beneficiaries or heirs of the owner's estate, in absence of actual knowledge that the transfer was improper; and a purchaser or lender for value shall have no duty to verify sworn information contained in this deed.

(Insert if applicable) RECITAL: This deed is intended to revoke a previous TOD deed of Grantor dated _____________, 20__ and recorded on ____________, 20__ as Deed Instrument No. _______________Recorder’s Office, _________ County, Indiana.

IN WITNESS THEREOF, the Parties hereto have set their hands and seals on

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__________________, 20__. ____________________________________(SEAL) John Doe

_____________________________________ Mary Doe

STATE OF INDIANA ) ) SS:COUNTY OF _________ )

I,___________________________ a Notary Public in and for said County and State, do hereby certify that John Doe and Mary Doe, Husband and Wife, personally known to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and upon oath swore to the facts concerning the above beneficiary designations and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act, for the uses and purposes set forth therein.

GIVEN under my hand and Notary Seal on __________________, 20__.

(SEAL)

My Commission Expires:__________________ _________________________ Notary Public Resident of ___________ County, Indiana

The undersigned, having prepared the above document, affirms, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this instrument, unless required by law.Document prepared and affirmation made by ___________________________, Attorney at Law. (Signature) _______________________________

MAIL TAX BILLS TO:___________________________ ______________________________________________________(Note: IC 32-21-2-3(b) requires a street or RR address if not included above)STREET OR RR ADDRESS: _____________________________________________ PARCEL NO. ________________________________________

* NOTE: The Grantor and grantee in TOD Deed need not be the same person. IC 32-17-14-13

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TOD WARRANTY DEED

THIS INDENTURE WITNESSETH, that the Grantors, John Doe and Mary Doe, Husband and Wife, of Steuben County, Indiana, pursuant to IC 32-17-14 convey and warrant to owners John Doe and Mary Doe,* husband and wife, as tenants by the entireties, transfer on death to:

(A) William Doe as Trustee, or any successor trustee, under the provisions of Trust No. TAJDMD, dated __________________ 20____,

OR

(B) William Doe as Trustee and any successor trustee, under the provisions of the Testamentary Trust contained in the Will of the survivor of the owners dated __________________ 20___, which is incorporated herein by reference as though fully set forth herein and which trust and trustee shall be considered to be existent at the survivor owner’s death upon the probate of the said Will of surviving owner.

the following described real estate in _____________ County, Indiana, to wit: See attached Exhibit A for legal description which is incorporated herein.to have and to hold the said real estate with all improvements as set forth herein and in the Trust Agreement. Upon the death of owners, the trustee shall take title to the above described real estate and shall manage, control, and administer the property pursuant to said trust.

In no case shall any party dealing with the Trustee or any successor in trust, in relation to the real estate, or to whom the real estate or any part thereof shall be conveyed, contracted to be sold, leased or mortgaged by the Trustee, or any successor in trust, be obliged to see to the application of any purchase money, rent or money borrowed or advanced on the real estate, or be obliged to see that the terms of said Trust have been complied with, or be obliged to inquire into the authority, necessity or expediency of any act of the Trustee, or be obliged or privileged to inquire into any of the terms of the Trust; and every deed, trust deed, mortgage, lease or other instrument executed by the Trustee, or any successor in trust in relation to the real estate shall be conclusive evidence in favor of every person relying upon or claiming under any such conveyance, lease or other instrument, (a) that at the time of the delivery thereof, the said Trust was in full force and effect, (b) that the conveyance or other instrument was executed in accordance with the terms, conditions and limitations contained in said Trust or in all amendments thereof, if any, and is binding upon all beneficiaries there under, (c) that the Trustee, or any successor in trust, was duly authorized and empowered to execute and deliver every such deed, trust deed, lease, mortgage or other instrument and (d) if the conveyance is made to a successor or successors in trust, that the successor or successors in trust have been properly appointed and are fully vested with all the title, estate, rights, powers, authorities, duties and obligations of its, his or their predecessor in trust.

In the event that William Doe shall be deceased or is unable or refuses to act as Trustee, then the following individuals shall serve as Successor Trustees:Mary Smith and Helen Jones, or either of them.

IN WITNESS THEREOF, the Parties hereto have set their hands and seals on

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__________________, 20__. ____________________________________ John Doe(SEAL) _____________________________________ Mary Doe


I,___________________________ a Notary Public in and for said County and State, do hereby certify that John Doe and Mary Doe, Husband and Wife, personally known to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act, for the uses and purposes set forth therein.


(SEAL)

My Commission Expires:__________________ _________________________ Notary Public Resident of ___________ County, Indiana

The undersigned, having prepared the above document, affirms, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this instrument, unless required by law.

Document prepared and affirmation made by ___________________________, Attorney at Law. (Signature) _______________________________

MAIL TAX BILLS TO:___________________________ ___________________________ ___________________________(Note: IC 32-21-2-3(b) requires a street or RR address if not included above)STREET OR RR ADDRESS: _____________________________________________ PARCEL NO. ________________________________________

* NOTE:The Grantor and Grantee in TOD Deed need not be the same person. IC 32-17-14 Sec. 13

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TOD SURVIVORSHIP AFFIDAVIT

The undersigned, ___________________, of __________, ____________ County, Indiana, being the surviving spouse of ________________, and being duly sworn upon (his)(her) oath, states as follows:

1. That ___________________died on the ____day of _________, 20__, a resident of _______________ County, Indiana.

2. That immediately prior to said decedent's death, _____________________and ___________________held as tenants by the entireties the following described real estate in ___________ County, Indiana, hereinafter referred to as the REAL ESTATE:

(Description of Real Estate)

3. The REAL ESTATE currently stands in the name of _________________and ______________________, husband and wife as tenants by the entireties TOD ________________________ as shown by deed dated the ___day of _________, 20__ and recorded on the ___day of ________ 20__ as Instrument No. ______________, Recorder's office of __________ County, Indiana. The marriage relationship between said parties continued unbroken from the time said REAL ESTATE was so acquired by them until the death of ______________. By virtue of said death, title to said REAL ESTATE is now vested in fee simple in the surviving owner, __________________________, TOD ___________________________________. The surviving owner expressly ratifies and confirms the above TOD designation.

4. This affidavit is made to request the Auditor of ________________County, Indiana, to transfer for taxation the above described real estate to said surviving spouse and for the further purpose to be recorded in the Recorder’s Office of _______________County, Indiana, to show the title holder to said real estate by virtue of the death of said decedent.

Dated: ______________, 20__ ___________________________ (Signature of Survivor)

Before me, the undersigned Notary Public this ____day of _______, 20__, personally appeared ________________who acknowledged the execution of the above Survivorship Affidavit as (his)(her) voluntary act and deed, and who, having been duly sworn upon (his)(her) oath, stated that all representations herein are true.

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___________________________ (SEAL) Notary Public Resident of _______ County, IN

My Commission Expires: ____________________


Document prepared and affirmation made by ____________, Attorney at Law. (Signature) _______________________________ MAIL TAX BILLS TO:___________________________ ______________________________________________________(Note: IC 32-21-2-3(b) requires a street or rural route address if not included above)STREET OR RR ADDRESS: _____________________________________________ PARCEL NO. ________________________________________

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TRANSFER ON DEATH DEED AFFIDAVIT


________________________, being first duly sworn, upon oath deposes and says:

1. This Affidavit is made pursuant to IC 32-17-14-26(b)(20).

2. The undersigned is a TOD Beneficiary of Owner _______________________, who died a resident of ______________County, Indiana, on the ______day of ___________, 20____. A certified copy of the death certificate of any non surviving beneficiary is attached hereto.

3. At the time of death of Owner, the Owner held the following Real Estate in TOD Beneficiary Form:

(Legal description of real estate)

4. That the wording in the deed creating the TOD beneficiaries is as follows:

(Set forth exact wording)

5. The TOD deed was dated ________________, was recorded on ____________, and was recorded as Instrument No. _______________________ (or in Vol.___ Pg.____) in the Recorder’s Office of _____________County, Indiana.

6. The name and address of each designated beneficiary who survived the Owner’s death or was in existence on the date of the Owner’s death is:

a. Name: Address______________________________ _____________________________ _____________________________ _____________________________

Relationship to Owner: Portion of Property (All or fractional______________________ share as tenant in common) ___________________________

b. Name: Address______________________________ _____________________________

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_____________________________ _____________________________

Relationship to Owner: Portion of Property (All or fractional______________________ share as tenant in common) ___________________________c. Name: Address______________________________ _____________________________ _____________________________ _____________________________

Relationship to Owner: Portion of Property (All or fractional______________________ share as tenant in common) ___________________________ 7. The name of each designated beneficiary who did not survive the Owner’s death or was not in existence on the date of the Owner’s death is:

a. Name: Relationship to Owner_____________________________ _______________________________

b. Name: Relationship to Owner_____________________________ _______________________________

c. Name: Relationship to Owner_____________________________ _______________________________

d. Name: Relationship to Owner_____________________________ _______________________________ 8. (Delete any of the following which is not applicable)

8A. All beneficiaries named in the TOD deed survived the Owner. 8B. By virtue of the fact that ___________________________ named in paragraph 7 above as a non surviving beneficiary was a lineal descendant of Owner, the share of the property that said non surviving beneficiary would have taken if (he)(she) had survived the Owner is now owned by said non surviving beneficiary's substitute lineal descendants per stirpes pursuant to IC 32-17-14-22(b) as follows:

a. Name: Address______________________________ _____________________________ _____________________________ _____________________________ Relationship to Beneficiary: Portion of Property (All or fractional_____________________________ Share as tenant in common)

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____________________________

b. Name: Address______________________________ _____________________________ _____________________________ _____________________________Relationship to Beneficiary: Portion of Property (All or fractional_____________________________ Share as tenant in common) _____________________________

8C. By virtue of the fact that ___________________________ named in paragraph 7 above as a non surviving beneficiary was a not a lineal descendant of Owner and the beneficiary designation of said beneficiary was "and lineal descendants per stirpes" or "LDPS", the share of the property that said non surviving beneficiary would have taken if (he)(she) had survived the Owner should be transferred to said non surviving beneficiary's substitute lineal descendants per stirpes pursuant to IC 32-17-14-22(d) as follows:

a. Name: Address______________________________ _____________________________ _____________________________ _____________________________Portion of Property (All or fractional shareas tenant in common) _____________________________

b. Name: Address______________________________ _____________________________ _____________________________ _____________________________Portion of Property (All or fractional shareas tenant in common) _________________________________

9. The purpose of this Affidavit is to comply with I.C. 32-17-14-26(b)(20) and to set forth the present ownership of title to the above described real estate pursuant to the beneficiary designation in said TOD Deed.

The present owners and title held are:(Set forth the names of the owners and the title held)

10. This Affidavit shall be recorded in the Recorder’s Office of _____________ County, Indiana, and presented to the Auditor of said county for appropriate endorsement and entering for taxation.

11. All of the facts set forth herein are true and correct as this Affiant is informed and verily believes.

Dated: ______________________ (Signature)____________________________

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(Printed Name)________________________

Before me, the undersigned Notary Public, personally appeared _______________ __________________ on this _____day of ____________, _______, and being first duly sworn upon oath states that the above facts are true and accurate and acknowledged the execution of the above Affidavit.

(SEAL) _____________________________ Notary Public Resident of ___________________ County, Indiana

My Commission Expires: _________________________



Attachments:Death Certificate of any non surviving beneficiary

MAIL TAX BILLS TO:___________________________ ______________________________________________________(Note: IC 32-21-2-3(b) requires a street or rural route address if not included above)

STREET OR RR ADDRESS: _____________________________________________

PARCEL NO. ________________________________________

Note: Must be endorsed by County Auditor.

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TRANSFER ON DEATH OF PERSONAL PROPERTY(BILL OF SALE)

THIS INDENTURE WITNESSETH, that the Grantors, John Doe and Mary Doe, husband and wife, of _____________ County, Indiana, pursuant to IC 32-17-14-12(a) transfer all of our right, title and interest in and to the following property to owners John Doe and Mary Doe, husband and wife, as joint tenants and to the survivor, transfer on death to our children named below equally who survive us, subject to the following: if any said child of ours does not survive us and leaves a below named child or children surviving us, then such below named child or children of my said deceased child shall equally take the share that such child of ours would have taken if such child of ours had survived us. If we are survived by no below named child, children or grandchildren, then equally to our below named nieces and nephews.

PRIMARY BENEFICIARIES:

Our children are: William Doe, Mary Smith and Helen Jones.

CONTINGENT BENEFICIARIES:

The children of William Doe are:________________________________________.

The children of Mary Smith are:_________________________________________.

The children of Helen Jones are: None

Our nieces and nephews are:____________________________________________.

PROPERTY TRANSFERRED: Any bank safety deposit contents (including the keys and right of access thereto), all cash, all tangible personal property including but not limited to any personal property in, on, about, or associated with any real estate that we now or hereafter own, occupy or rent, which includes but is not limited to all furniture, fixtures, appliances, jewelry, coins, collectables, antiques, lawn and garden equipment, motor vehicles, boats, motors, and trailers including all replacements and additions to all of such property. Upon the death of all owners, title to the above described property shall vest in the above described beneficiaries as set forth above. A purchaser for value of any of the above described property from a beneficiary, in good faith, shall take the property free of any claims of or liability to the owner's estate, creditors of the owner's estate, persons claiming rights as beneficiaries or heirs of the owner's estate, in absence of actual knowledge that the transfer was improper; and a purchaser shall have no duty to verify sworn information contained in this document.

IN WITNESS THEREOF, the Parties hereto have set their hands and seals on __________________, 20__.

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____________________________________ John Doe

_____________________________________ Mary Doe


I,___________________________ a Notary Public in and for said County and State, do hereby certify that John Doe and Mary Doe, Husband and Wife, personally known to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and upon oath swore to the facts concerning the above beneficiary designations and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act, for the uses and purposes set forth therein.


(SEAL)

My Commission Expires:__________________ ____________________________ Notary Public Resident of ___________ County, Indiana

.

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JOHN DOE AND MARY DOEREVOCABLE TRUST AGREEMENT

Whereas John Doe and Mary Doe, husband and wife, as Settlors herein, intend to register in beneficiary form (TOD and POD) certain property pursuant to IC 32-17-14 wherein Settlors will be Owners and William Doe, Trustee of the herein established trust, is named as TOD or POD beneficiary as a trustee,

The Settlors hereby establish the John Doe and Mary Doe Revocable Trust and name William Doe as Trustee. The trustee, after the death of Settlors, shall receive, hold, administer and distribute said property upon the terms and conditions hereinafter set forth.

ARTICLE I After the death of the last to die of John Doe and Mary Doe, the trustee, shall distribute the trust property, after payments as provided in 4:09, equally to our three children, William Doe, Mary Smith and Helen Jones. If any such child of mine does not survive us leaving a child or children surviving us, then such deceased child's share shall be divided equally between any child or children of such deceased child of mine who survive us. If any such child of mine does not survive us and does not leave a child or children surviving us, then such deceased child's share shall be distributed to the surviving child of mine, and if no surviving child of mine or grandchildren, then to the ____________ County Community Foundation, Inc., Spirit of Community Fund, with a priority for health care and youth services. All distributions are subject to 1:01.

1:01 The share for my son William Doe shall be held and administered as the William Doe Trust, the share for my daughter Mary Smith shall be held and administered as the Mary Smith Trust, and the share for my daughter Helen Jones son shall be held and administered as the Helen Jones Trust. Provided however, that if any such child of mine is ______ years or older, then such share shall be distributed directly to such child.

Each of the above trusts for my children shall be administered as follows:

The Trustee in his absolute and sole discretion may pay and distribute so much of the income and principal of each trust to the beneficiary of each trust for whatever reason or purpose including but not limited to the health, maintenance, education and general welfare of the beneficiary of the trust. All remaining assets of each trust shall be paid to the beneficiary of each trust when the beneficiary child reaches his/her ______ birthday. If any beneficiary dies before his/her _____ birthday, then such assets shall be paid equally to his/her child or children surviving him/her, and if no such surviving child or children then such share shall be paid to the trust of the surviving child of mine or to such surviving child if such surviving child has reached his/her ____ birthday, and if no such surviving child of mine, then to his/her surviving children equally, and if no such surviving

33

children, then to the ___________ County Community Foundation, Inc., Spirit of Community Fund, with a priority for health care and youth services. If any grandchild of mine receives a share as above set forth, then such share shall not be distributed to such grandchild of mine who is under the age of 21 but rather such share shall be distributed to the surviving parent of any such grandchild to be held as trustee and who shall pay so much of the income and principal of the trust as the trustee deems necessary in his/her absolute and sole discretion for the health, maintenance, education and general welfare of such grandchild until the age of 21, at which time any balance shall be distributed to the beneficiary of such trust.

1:02 For the purposes of this Will the terms "child and/or children" shall include natural children and/or legally adopted children. The term Trustee shall also mean Trustees if applicable.

ARTICLE II The interest of any beneficiary of any trust created hereunder shall not be subject to or liable for any anticipations, assignments, sales, pledges, debts, contracts, or liabilities of any beneficiary and said interest shall not be seized by creditors of any beneficiary, or by anyone by attachment, garnishment, execution, or otherwise.

ARTICLE III Any person shall have the right at any time hereafter to transfer additional property to any trust herein which shall become subject to the provisions of such trust as though it constituted a part of the original trust fund.

ARTICLE IV Any Trustee herein shall have the following rights, powers and duties with respect to any Trust hereunder, to be exercised as the Trustee in his/her/their discretion determines to be in the best interest of the beneficiaries. If under any trust herein there shall be more than one Trustee, any one Trustee may exercise the rights and powers granted herein. (The word "it" hereinafter shall be construed to mean his/her/their)

4:01 Upon receipt of any property or money governed by the provisions of this Trust, the Trustee shall invest and reinvest the sums in such investments as the Trustee may in its sole discretion deem advisable, including but without being limited to undividedinterests in properties, common trust funds, and/or securities issued by the Trustee, regardless of risk or non-productivity and regardless of the proportion such investments may bear to the entire trust fund.

4:02 The Trustee shall have the power and hereby is authorized and empowered to make any sale, purchase, option, exchange, or other disposition of any part of the trust estate without application to or authority from any Court, officer, or tribunal whatsoever and without any appraisement or notice and upon such terms and conditions and at such time or times as it deems proper and without being required to report any such sale, purchase, option, exchange, or any other disposition to any Court, officer, or tribunal for approval or confirmation. No

34

purchaser at any such sale nor any one dealing with the Trustee in any such sale, purchase, option, exchange, or other disposition of any of the trust estate shall be required to see to the application of any purchase money or other consideration received by the Trustee nor be required to inquire into the circumstances surrounding the same nor the authority and right of the Trustee to act.

4:03 The Trustee shall have the power and hereby is authorized to enter into any business venture as a sole proprietor, partner, limited partner, joint or co-venturer, or majority or minority shareholder, or in any such capacity to continue such business or business interest of any of the beneficiaries herein.

4:04 The Trustee may execute leases and sub-leases even though the terms of such may extend beyond the termination of this Trust; sub-divide or improve real estate, tear down or alter improvements; grant easements, give consents, and make contracts relating to real estate or its use; and release or dedicate any interest in real estate; borrow money and mortgage or pledge any Trust property; keep any property in the name of a nominee with or without disclosure of any fiduciary relationship.

4:05 The Trustee shall have full authority to waive, modify, or reduce either with or without consideration, and prior to or subsequent to maturity any terms and conditions of any bonds or mortgages or of any share or portion thereof which at any time may constitute a part of this trust, including the rate of interest, and the principal amount due or to become due; to extend or re-extend the time for payment thereof; to continue to retain the same notwithstanding that at the time of such waiver, modification, reduction, or extension, the value of the property securing the same may be less than that required by law for an original investment of such an amount therein by such holder; and to enter into reorganization proceedings affecting any such terms as it may seem proper.

4:06 The Trustee may enter into any transaction authorized by this Article with Trustees or legal representatives of any other Trust or estate in which any beneficiary hereunder has any beneficial interest, even though any such Trustee or legal representative is also a Trustee hereunder. The Trustee may administer this or any other trust or trusts containing similar provisions for the same beneficiaries as one trust if in the Trustee's discretion such is in the interest of the beneficiaries. 4:07 The Trustee shall have full power and authority to compromise and settle any and all claims and demands that may be made against or in favor of the Trust Estate.

4:08 The Trustee shall have the power to appoint agents, attorneys, auditors, depositories, or proxies with or without discretionary powers and may pay them such reasonable compensation as may be necessary. The Trustee shall have the power of delegation referred to in Fiduciary Transactions IC 30-5-5-10.

4:09 The Trustee shall deduct, expend, and pay out of any money belonging to the Trust any and all necessary and proper expenses in connection with the operation, conduct and administration of the Trust or of the estate of either Settlor, including reasonable compensation for the trustee, and pay all taxes, insurance premiums on any policy constituting part of the Trust corpus, and other legal assessments, debts, claims, or charges which at any time may be due and owing by the Trust or said estates, or which may exist against the Trust or said estates.

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4:10 The Trustee may allocate all additions and all disbursements as between principal and income as the Trustee in its discretion may deem proper; including without limiting the generality thereof, the allocation of stock dividends, sinking funds, reserves (including reserves for depreciation and contingencies), premiums paid or discounts obtained in making investments, and damages, costs, fees and expenses of administration or litigation.

4:11 The Trustee shall make accountings of the principal and income to the beneficiaries upon their request but shall not be required to make such accountings more frequently than annually.

4:12 No Trustee or successor Trustee named herein shall be required to furnish bond or other security in any jurisdiction for the faithful performance of its duties as Trustee, the same being expressly waived.

4:13 The Trustee in carrying out the terms of this Trust shall not be subject to any statute of the State of Indiana nor any other State requiring supervision or direction of Trusts by any Court; and the Trustee shall not be required to file any bond or inventory, make any accounting to any Court, or to secure the approval of any Court, in connection with the carrying out of the terms of this Trust.

ARTICLE V All actions, discretion, rights, powers and duties of the Trustee must be taken and exercised, and all interests herein shall vest, so that no rule of law relating to perpetuities is violated.

ARTICLE VI

If my named trustee, William Doe, is unable or declines to serve as trustee, I name the following individuals as successor trustees:Mary Smith and Helen Jones, or either of them.

ITEM VII

The Settlors, or either of them, reserve the right to alter, revoke or amend this Trust Agreement at any time.

IN WITNESS WHEREOF the Settlors and Trustee have hereunto set their hands and seals to evidence and accept the Trust hereby imposed this ________ day of _____________, 20___.

SETTLORS TRUSTEE

_____________________________ __________________________________John Doe William Doe

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_____________________________ Mary Doe

State of Indiana ) ) SS:County of _____________ )

Before me personally appeared John Doe and Mary Doe, and William Doe, personally known by the undersigned Notary Public, as Settlors and as Trustee and acknowledged to and before me that the foregoing John Doe and Mary Doe Revocable Trust Agreement was executed and accepted freely and for the purposes therein expressed.

Witness my hand and official seal this ______ day of _______________, 20___.

My Commission Expires: ________________________________ _______________________________ Notary Public Resident of _________County, Indiana



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JOHN DOE AND MARY DOEREVOCABLE TRUST AGREEMENT

THIS TRUST AGREEMENT is made and executed by and between John Doe and Mary Doe, husband and wife of ______________County, Indiana, hereinafter called Settlors, and John Doe and Mary Doe, hereinafter called Trustees. It is contemplated that upon execution of this Agreement, the Settlors or others (1) may transfer, assign, and set over to the Trustee(s) certain property, (2) may from time to time transfer, assign and set over to the Trustee(s) additional property and (3) may register in beneficiary form (TOD and/or POD) certain property pursuant to IC 32-17-14 wherein Settlors will be owners and this trust will be named as TOD or POD beneficiary, all of which property will be held and administered and distributed as hereinafter in this Trust Agreement provided.

This trust shall be designated as the John Doe and Mary Doe Revocable Trust. Settlors hereby authorize all Trustees herein to, and the Trustees agree that they will receive, hold, administer, and distribute all such property and investments, reinvestments, and income from such property upon the terms and conditions hereinafter set forth. The Settlors reserves the right to alter, revoke or amend this Trust at any time and reserve the right to withdraw all or any of the property that has been transferred to the Trustees and trust.

ARTICLE I

During the life of the Settlors all property which is held under this Trust Agreement shall be held, administered and distributed as follows: The Trustee(s) shall from time to time upon request of either Settlor distribute any requested amount of the net income or principal of the Trust to the requesting Settlor. Either Settlor shall have the right to withdraw any or all property from the trust in the sole discretion of the said Settlor and terminate this trust. In the event that both Settlors are deceased or should become incompetent, then the Settlors make, constitute, and appoint their son, William Doe as successor Trustee. Any incompetency above referred to shall be shown by a physician's written statement.

ARTICLE II After the death of John Doe and Mary Doe, the successor Trustee shall from the assets of this trust pay all debts and expenses of administration of John Doe and Mary Doe and of their estates including reasonable compensation as trustee. After the payment of above specified compensation, debts and expenses, and after payment of all expenses of administering this trust

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including any federal or Indiana income taxes of Settlors or of their estates or this trust, the trustee shall distribute the net assets of this trust in three equal shares as follows:

1. One share to my son William Doe. If he shall not survive Settlors, his share shall be given to his wife, Jean Doe, if she survives Settlors, and if she does not survive Settlors, his share shall be divided among his children who survive Settlors.

2. One share to my daughter Mary Jones. If she shall not survive Settlors, her share shall be given to her husband, James Jones, if he survives Settlors, and if he does not survive Settlors, her share shall be divided equally among her children who survive Settlors.

3. One share to my son Richard Doe. If he shall not survive Settlors, his share shall be given to his wife, Sara Doe, if she survives Settlors, and if she does not survive Settlors, his share shall be divided equally among the other shares.

ARTICLE III

The interest of any beneficiary of any trust created hereunder shall not be subject to or liable for any anticipations, assignments, sales, pledges, debts, contracts, or liabilities of any beneficiary and said interest shall not be seized by creditors of any beneficiary, or by anyone by attachment, garnishment, execution, or otherwise.

ARTICLE IV Any Trustee herein shall have the following rights, powers and duties with respect to this Trust, to be exercised as the Trustee in his/her/their discretion determines to be in the best interest of the beneficiaries.

4:10 All rights granted to a fiduciary under Indiana law including IC 30-4-3-3. The Trustee shall have the authority and power of delegation referred to in Fiduciary Transactions IC 30-5-5-10.

4:11 The successor Trustee shall make a summary of all assets received, income, expenditures and a distribution schedule which shall be given to each beneficiary upon the final distribution of the trust assets.

4:12 No Trustee or successor Trustee named herein shall be required to furnish bond or other security in any jurisdiction for the faithful performance of their duties as Trustee, the same being expressly waived.

4:13 The Trustee in carrying out the terms of this Trust shall not be subject to any statute of the State of Indiana nor any other State requiring supervision or direction of Trusts by any Court; and the Trustee shall not be required to file any bond or inventory, make any accounting to any Court, or to secure the approval of any Court, in connection with the carrying out of the terms of this Trust.

ARTICLE V

If our named successor Trustee, William Doe, is unable or declines to serve as trustee, we

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name our son Richard Doe as next successor trustee.

ARTICLE VI

The Settlors reserve the right to alter, revoke or amend this Trust and Trust Agreement at any time.

IN WITNESS WHEREOF the Settlors and Trustees have hereunto set their hands and seals to evidence and accept the Trust hereby imposed this ________ day of _____________, 20___.

SETTLORS TRUSTEES____________________________ __________________________________John Doe John Doe_____________________________ __________________________________Mary Doe Mary Doe

State of Indiana ) ) SS:County of _____________ )

Before me personally appeared John Doe and Mary Doe personally known by the undersigned Notary Public, as Settlors and as Trustees, and acknowledged to and before me that the foregoing John Doe and Mary Doe Revocable Trust Agreement was executed and accepted freely and for the purposes therein expressed.

Witness my hand and official seal this ______ day of _______________, 20___.

My Commission Expires: ________________________________ _______________________________ Notary Public Resident of _________County, Indiana


Document prepared and affirmation made by ________________, Attorney at Law. (Signature) _______________________________

NOTE: A trust must be in writing and signed by the Settlor. It does not have to be notarized. IC 30-4-2-1(a) IC 30-4-2-1.5(b)

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POD AND TOD AGREEMENT(TO BE HELD AS TRUSTEE)

WHEREAS John Doe and Mary Doe, husband and wife, intend to now or in the future as owners establish a joint automobile title, joint checking and/or savings accounts and/or securities or securities accounts all in POD or TOD form with William Doe as an individual POD or TOD payee or beneficiary, it is agreed that upon the death of all of the owners all such property shall be:

(a) Held by said William Doe not as an individual but as a trustee. The trustee shall pay from the proceeds of all such property all unpaid debts, funeral expenses, expenses of administration including reasonable compensation as trustee, and federal and state income taxes of owners and of their estates. After the payment of above specified compensation, debts, expenses and taxes, and after furnishing to all beneficiaries of this trust an accounting of all assets, income and expenses with proposed distribution schedule, the trustee shall distribute the net property as follows:

TO:_________________________LDPS _______% of the net property. TO:_________________________LDPS _______% of the net property. TO:_________________________LDPS _______% of the net property.TO:_________________________LDPS _______% of the net property.

OR(b) Transferred by the payee and beneficiary William Doe to William Doe, successor Trustee of the John Doe and Mary Doe Revocable Trust to be held and administered pursuant to the terms of said trust.

John Doe and Mary Doe, or either of them, as owners reserve complete ownership and control of any such assets.

Dated: ___________________________

OWNERS POD and/or TOD PAYEE

___________________________ ______________________________John Doe William Doe

___________________________ Mary Doe

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PAY ON DEATH BENEFICIARY DESIGNATION

TO: _______________________________________, Transferring Entity

ADDRESS: ___________________________________________________________

I/WE, the undersigned, as owner(s) hereby request the transferring entity (the Bank) to register the following property (the Account) in beneficiary form (POD) which registration designates the following beneficiaries all pursuant to IC 32-17-14.

Description of Account and Wording of Registration in Beneficiary FormNumber (Exact wording of Owner and Beneficiary Designation) _____________________________ ____________________________________________________________________ _______________________________________ _____________________________ ____________________________________________________________________ _______________________________________ (See Schedule of POD Beneficiary Designations)

The POD Beneficiaries are:

a. Name: Address______________________________ _____________________________ _____________________________Tax ID Number: ________________ _____________________________Relationship to Owner: Portion of Account (% or fractional share)___________________________ _____________________________Date of Birth:________________

b. Name: Address______________________________ _____________________________ _____________________________Tax ID Number: ________________ _____________________________Relationship to Owner: Portion of Account (% or fractional share)___________________________ _____________________________Date of Birth: _______________

c. Name: Address______________________________ _____________________________ _____________________________Tax ID Number: ________________ _____________________________

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Relationship to Owner: Portion of Account (% or fractional share)___________________________ _____________________________Date of Birth: ________________

Any testamentary trust or trustee beneficiary shall be considered to come into existence effective as of the surviving owner’s death and upon probate of the surviving owner’s Will. The Bank is authorized to pay the funds in my/our Account at my/our death(s) to the Beneficiaries as specified above pursuant to IC 32-17-14. All rules imposed by IC 32-17-14-26(b) are herby accepted and incorporated by reference herein. The owner(s) reserve the right, during my/our lifetime to revoke or change any above beneficiary designation or proportion of the Account by executing and delivering to the Bank a written notice of change on a form prescribed by the Bank. Any prior beneficiary designation is hereby revoked.

The owner(s) acknowledge that he/she/they have read, understand and accept the primary and contingent beneficiary provisions of paragraph ______ of the Schedule of POD Beneficiary Designations.

DATE: ___________________ DATE: ______________________

________________________________ __________________________________Signature of Account Owner Signature of Account Owner

SCHEDULE OF POD BENEFICIARY DESIGNTIONS

POD TO DESCENDANTS:

1. John Doe (or John Doe and Mary Doe, as joint owners) POD to James Doe

If James Doe is the son of John Doe (or of John and Mary Doe) and does not survive all owners, and leaves no descendants, the Account is payable at the death of all owners to the estate of the last owner to die. If James Doe is the son of John Doe (or of John and Mary Doe) and does not survive all owners and leaves descendants, the Account is payable at the death of all owners to the descendants of James Doe per stirpes.*

2. John Doe (or John Doe and Mary Doe, as joint owners) POD to James Doe and Susan Doe

If James Doe and Susan Doe are children of owner(s), the same rules apply to each as in 1 above as to payment of a deceased child’s share except that if a deceased child leaves no descendants, at the death of all owners, the share of the Account of the deceased child is paid to the other surviving named children or their descendants per stirpes.*

3. John Doe (or John Doe and Mary Doe, as joint owners) POD to James Doe NO LDPS

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If James Doe is the son of John Doe (or of John and Mary Doe) and does not survive all owners, the Account is payable at the death of all owners to the estate of the last owner to die.

4. John Doe (or John Doe and Mary Doe, as joint owners) POD to James Doe NO LDPS and Susan Doe NO LDPS

If James Doe and Susan Doe are children of owner(s), the same rules apply to each as in 3 above as to payment of a deceased child’s share except that at the death of all owners the share of the Account of a prior deceased child is paid to the other surviving named child or children.

POD TO NON DESCENDANTS:

5. John Doe (or John Doe and Mary Doe, as joint owners) POD to Henry Jones

If Henry Jones is not a child of John Doe (or of John and Mary Doe) and does not survive all owners, the Account is payable at the death of all owners to the estate of the last owner to die.

6. John Doe (or John Doe and Mary Doe, as joint owners) POD to Henry Jones and Helen Jones

If Henry Jones and Helen Jones are not children of John Doe (or of John and Mary Doe) and if any beneficiary does not survive all owners, the deceased beneficiary’s share of the Account is payable at the death of all owners to the surviving named beneficiaries.

7. John Doe (or John Doe and Mary Doe, as joint owners) POD to Henry Jones LDPS

If Henry Jones is not a child of John Doe (or of John and Mary Doe) and does not survive all owners and leaves descendants, the Account is payable at the death of all owners to the descendants of Henry Jones per stirpes.*

8. John Doe (or John Doe and Mary Doe, as joint owners) POD to Henry Jones LDPS and Helen Jones LDPS

If Henry Jones and Helen Jones are not children of John Doe (or of John and Mary Doe) and if any beneficiary does not survive all owners, the deceased beneficiary’s share of the Account would be payable to such deceased beneficiary’s descendants per stirpes, and if no descendants, to the other surviving named beneficiaries or their descendants per stirpes.* 9. John Doe (or John Doe and Mary Doe, as joint owners) POD to James Doe as Successor Trustee of the John Doe Revocable Trust (or John Doe and Mary Doe Revocable Trust) dated: _________________. Account payable to successor trustee at death of all owners. 10. John Doe (or John Doe and Mary Doe, as joint owners) POD to James Doe as Trustee of the John Doe or Mary Doe Testamentary Trust, whoever survives, established in the Will of John Doe or in the Will of Mary Doe whoever survives, dated

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respectively_________________ and _________________, and which trustee and trust shall be considered to be existent at the time of death of surviving owner upon the probate of the said Will of surviving owner. Account payable to testamentary trustee designated in probated will.

11. John Doe POD to James Doe custodian for Helen Doe under the Indiana Transfers to Minors Act. Account payable to custodian to be held pursuant to IC 30-2-8.5.

12. Other: ______________________________________________________________ ______________________________________________________________

* Example of per stirpes distribution to descendants: An Account in the name of John Doe POD to James Doe (his son). James Doe dies before John Doe leaving two children and two children of a deceased child. The Account would be divided into three equal shares and one share paid to each surviving child of James Doe and one share divided equally and paid to the two children of the deceased child of James Doe.

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AFFIDAVIT FOR NONPROBATE TRANSFER OF PROPERTY FROMTRANSFERRING ENTITY TO BENEFICIARY

STATE OF INDIANA ) ) SS:COUNTY OF ___________ )

TO: Name of Transferring Entity:_____________________________________ Address: ______________________________________________________


1. This request for non probate transfer of property is made pursuant to IC 32-17-14-26(b)(17&19).

2. The undersigned is a POD or TOD (Beneficiary)(Legal Representative or Attorney in Fact of Beneficiary)(Personal Representative) of Owner_________________, who died a resident of ______________County, Indiana, on the ______day of _______________, 20____.

3. At the time of death of Owner, the Owner held the following Property in Beneficiary Form:

Description of Property Wording of Registration in Beneficiary Form (Exact wording of Owner and Beneficiary Designation) ______________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ ____________________________________(Attach additional Schedule A if necessary)

4. The undersigned requests the Transferring Entity to execute a non probate transfer of the Property to the following registered beneficiaries who survived Owner and to the substitute beneficiaries of non-surviving beneficiaries set for in paragraph 5C or 5D if applicable.

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Beneficiaries:

a. Name: Address______________________________ _____________________________ _____________________________Tax ID Number: ________________ _____________________________

Relationship to Owner: Portion of Property (% or fractional share)___________________________ _____________________________ b. Name: Address______________________________ _____________________________ _____________________________Tax ID Number: ________________ _____________________________

Relationship to Owner: Portion of Property (% or fractional share)___________________________ _____________________________

c. Name: Address______________________________ _____________________________ _____________________________Tax ID Number: ________________ _____________________________

Relationship to Owner: Portion of Property (% or fractional share)___________________________ _____________________________

(Strike out any of the following which is not applicable)

5A. All of the above named primary beneficiaries named by Owner survived the Owner. OR 5B. The following primary beneficiaries did not survive Owner:

a. Name: _________________________ Address: _____________________________Tax ID Number: _________________ _____________________________ Relationship to Owner: ____________________ _____________________________

b. Name: _________________________ Address: _____________________________Tax ID Number: _________________ _____________________________ Relationship to Owner: ____________________ _____________________________

5C. By virtue of the fact that said beneficiary_______________________ was a lineal descendant of Owner, the share of the property that said non-surviving primary beneficiary would have taken if (he)(she) had survived the Owner should be transferred to said non-surviving beneficiary's substitute lineal descendants per stirpes pursuant to IC 32-17-14-22(b)

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as follows:


Relationship to Primary Beneficiary: Portion of Property (% or fractional share)___________________________ _____________________________ b. Name: Address______________________________ _____________________________ _____________________________Tax ID Number: ________________ _____________________________

Relationship to Primary Beneficiary: Portion of Property (% or fractional share)___________________________ _____________________________

5D. By virtue of the fact that the beneficiary_________________________ was not a lineal descendant of Owner and the beneficiary designation of said beneficiary was "lineal descendants per stirpes" or "LDPS", the share of the property that said non-surviving beneficiary would have taken if (he)(she) had survived the Owner should be transferred to said non-surviving beneficiary's substitute lineal descendants per stirpes pursuant to IC 32-17-14-22(d) as follows:


Portion of Property (% or fractional share) _____________________________ b. Name: Address______________________________ _____________________________ _____________________________Tax ID Number: ________________ _____________________________

Portion of Property (% or fractional share) _____________________________

6. The manner in which the percentage or fractional shares in nondivisable property or the proceeds of nondivisable property are to be distributed is as follows:_____________________________________________________________________________________________________________________________________________________________________________________________________________________ 7. The provisions of IC 32-17-14-8 provide that the transferring entity will transfer the owner’s property to and placed in the name and control of the beneficiary in accordance with the

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beneficiary designation or transfer on death direction and the agreement of the parties, subject to proof of owner’s death and compliance with the transferring entity’s requirements for proof that the beneficiary is entitled to receive the property.


Dated: ______________________ (Signature)______________________________ (Printed Name)__________________________ (Signature)______________________________ (Printed Name)___________________________ Before me, the undersigned Notary Public, personally appeared __________________ on this _____day of ____________, 20___, and being first duly sworn upon oath states that the above facts are true and accurate and acknowledged the execution of the above Affidavit.

(SEAL) _____________________________ Notary Public Resident of _______________County, Indiana


Attachments:

_____ Any certificate or instrument evidencing ownership of the contract, account, security or property

_____ Proof of death of Owner and any non-surviving beneficiary

_____ Where the request is made by a legal representative, a copy of the instrument creating the legal authority or a certified copy of the court order appointing the legal representative.

_____ Where beneficiary is a testamentary trustee, a certified copy of the Will and Order Probating Will.

_____ The following proof of entitlement required by the transferring entity

___________________________________________________________ ___________________________________________________________

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POWER OF ATTORNEY

I, JOHN J. DOE, a resident of Steuben County, Indiana, hereby create a durable Power of Attorney, "Power", and appoint the following persons as my Attorney In Fact, with power to act for me according to Indiana Code IC 30-5-5, as it now exists or as it may be amended in the future:

MARY R. DOE, my wife, AND ANN DOE, my daughter, OR EITHER OF THEM ACTING ALONE

1. POWERS:

I give my Attorney In Fact the powers contained in this Power. These powers are granted upon the condition they will be used for my benefit and on my behalf and will be exercised only in a fiduciary capacity.

(a) TRUST AGREEMENT. General authority with respect to delivering and conveying my assets to any trust which I have created prior hereto, as the same may be amended from time to time before my death;

(b) REAL PROPERTY. General authority with respect to real property transactions pursuant to IC 30-5-5-2;

(c) TANGIBLE PERSONAL PROPERTY. General authority with respect to tangible personal property transactions pursuant to IC 30-5-5-3;

(d) BOND, SHARE, AND COMMODITY General authority with respect to bond, share, and commodity transactions pursuant to IC 50-5-5-4. This authority includes the power to purchase United States Government obligations which are redeemable at par in payment of estate taxes imposed by the United States Government;

(e) BANKING. General authority with respect to banking transactions pursuant to IC 30-5-55, including but not limited to, the authority to have access to any and all safety deposit boxes in my name, and to open, inspect, inventory, place items in or remove items from and close any safety deposit boxes;

(f) BUSINESS. General authority with respect to business operating transactions pursuant to IC 30-5-5-6;

(g) INSURANCE. General authority with respect to insurance transactions pursuant to IC 30-5-5-7. This authority shall include full power to apply for and otherwise deal with Medicare and Medicaid benefits;

(h) BENEFICIARY. General authority with respect to beneficiary transactions pursuant to IC 30-5-5-8;

(i) GIFTS. General authority with respect to gift transactions pursuant to IC 30-5-5-9;

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(j) FIDUCIARY. General authority with respect to fiduciary transactions pursuant to IC

30-5-5-10;

(k) CLAIMS AND LITIGATION. General authority with respect to claims and litigation pursuant to IC 30-5-5-11;

(1) FAMILY MAINTENANCE. General authority with respect to family maintenance pursuant to IC 30-5-5-12;

(m) MILITARY SERVICE. General authority with respect to benefits from military service pursuant to IC 30-5-5-13;

(n) RECORDS, REPORTS, AND STATEMENTS. General authority with respect to records, reports, and statements pursuant to IC 30-5-5-14, including, but not limited to, the power to execute on my behalf any specific power of attorney required by any taxing authority to allow my Attorney In Fact to act on my behalf before that taxing authority on any return or issue;

(o) ESTATE TRANSACTIONS. General authority with respect to estate transactions pursuant to IC 30-5-5-15;

(p) DELEGATING AUTHORITY. General authority with respect to delegating authority in writing to one (1) or more persons as to any or all powers given to my Attorney In Fact by this Power, pursuant to IC 30-5-5-18;

(q) EMPLOYEE BENEFIT PLANS. General authority and power to treat all interests which I may have in employee benefit trusts as described in IC 30-4-3- 2(c), nonqualified deferred compensation arrangements, Individual Retirement Accounts, Annuities, and qualified Pension and Profit Sharing Plans as beneficiary transactions coming within the scope of IC 30-5-5-8.

(r) HEALTH CARE. General authority with respect to health care pursuant to IC 30-5-5-16. My attorney-in-fact may appoint a person(s), including my attorney- in-fact, as health care representative to act for me under the Health Insurance Portability and Accountability Act of 1996, (42 U.S.C. 201 et seq.) (HIPPA), as amended and under the federal regulation promulgated there under and obtain access to the principal’s health care information and communicate with the principal’s health care provider.

(s) TRANSFER ON DEATH. General authority with respect to transfer on death or payable on death transfers pursuant to IC 30-5-5-7.5.

(t) ALL OTHER MATTERS. General authority with respect to all other possible matters and affairs affecting property owned by me pursuant to IC 30-5-5-19.

2. GIFTS AND MISCELLANEOUS:

My Attorney In Fact shall have general authority with respect to financial and estate planning, considering factors related both to my disability and my death. By way of example and not by way of limitation in describing these powers, my Attorney In Fact shall have authority to engage in the following acts:

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(a) To give at any time or times any or all of my assets, cash, property or interests in property, including any right to receive income from any source and including a change of ownership or beneficiary on any policy of life insurance, to those persons and in the same proportions as set forth in my estate planning instruments, and without regard to any restrictions on aggregate yearly value of a gift to an individual as set forth in IC 30-5-5-9. To the extent that my Attorney In Fact is a beneficiary of my estate, then such Attorney In Fact is specifically authorized to receive a proportionate share of any gift as provided hereafter.

(b) To create trusts or other legal entities or agreements necessary to effect my estate plan.

(c) To make transfers pursuant to IC 30-2-8-5, commonly known as the Indiana Uniform Transfer to Minors Act, or under any similar law of another jurisdiction.

(d) To disclaim any property or interest in property or powers.

(e) To employ other financial and estate planning devices.

(f) To take any and all actions necessary to receive government benefits for my health, care, welfare, maintenance and support.

The estate and financial planning powers herein conferred are for the purpose of reducing tax liability and effecting transfers to family and charities.

In carrying out the powers granted in this paragraph, my Attorney In Fact shall be guided by the standard that the estate planning powers are designed, in part, for the preservation of my assets and shall exercise such powers in a way as to provide for my best interests and of the beneficiaries of the plan, without any prohibition against self-dealing.

The term gift, give and giving shall include Transfer on Death authority as set forth in Paragraph I (s). My Attorney In Fact shall have full power and authority to establish a new residence or legal

domicile for me, from time to time and at any time, within or without this state, and within or without the United States, for such purposes as my Attorney In Fact shall deem appropriate, including, but not limited to, any purpose for which this instrument was created.

In the exercise of any powers described in this Power, my Attorney In Fact shall have full power and authority to do and perform every act and thing necessary, proper or convenient to be done as fully to all intents and purposes as I might or could do for myself.

Notwithstanding the foregoing, in no event shall my Attorney In Fact have any of the following powers:

(a) To benefit himself, herself, or any other person in any way that could result in any part of my property being included in my Attorney In Fact's gross estate for federal estate tax purposes, or cause any part of my property to be deemed to be the subject of a taxable gift made personally by my Attorney In Fact;

(b) To make any payment or application which discharges any legal obligation of my Attorney In Fact;

(c) To possess the power to exercise any incident of ownership with respect to any policy I own insuring the life of my Attorney In Fact;

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(d) To have any power which causes the holder of the power to be treated as the owner of any interest in my property and which causes that property to be taxed as owned by the Attorney In Fact.

I ratify and confirm all that my Attorney In Fact does, or causes to be done, under the authority granted in this Power. All documents signed, endorsed, drawn, accepted, made, executed, or delivered by my Attorney In Fact shall bind me, my estate, my heirs, successors and assigns.

3. EFFECTIVE DATE: (a) This power of attorney shall be effective as of the date it is signed.

OR

(b) This Power of Attorney shall not be affected by the lapse of time and shall only become effective upon my disability or incapacity.

My disability or incapacity, for this purpose, may be established by the following:

(a) A physician, licensed to practice in the State where I am domiciled at the time of the certification, certifies in writing that I am unable to care for myself, or manage my affairs;

(b) The appointment of a guardian or conservator of my person or estate by a Court of competent jurisdiction.

My disability or incapacity shall be terminated when:

(a) A physician (qualified as required above) certifies in writing that I am able to care for myself, or manage my affairs;

(b) The termination of the appointment of my guardian or conservator by a Court of competent jurisdiction.

My Attorney in Fact shall be fully protected and free from any liability for any payment, application or accumulation made or other action taken in reliance upon such a certificate. If proceedings are ever begun for the appointment of a guardian, conservator, or like representative for my person or estate, it is my preference that whoever may then be serving or eligible to serve as my Attorney in Fact under this Power of Attorney be appointed to that office.

A certified copy of the decree terminating my guardianship or conservatorship, or the physician's written certificate, as required above, shall be attached to the original of this Power and recorded in the same County or Counties as the original, if the original is recorded.

4. RELIANCE BY THIRD PARTIES:

To induce third parties to act in accordance with the powers granted to my Attorney In Fact in this Power, I represent and warrant that:

(a) If this document is revoked or amended for any reason, I, my estate, my heirs, successors, and assigns will hold any third party harmless from any loss suffered, or liability incurred, by the third party in acting in accordance with this document before the third party's receipt of written notice of termination or amendment;

(b) The powers conferred on either Attorney In Fact may be exercised alone; my

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Attorney In Fact's signature or actions under the authority granted in this Power may be accepted by third parties as fully authorized by me and with the same force and effect as if I were personally present, competent and acting on my own behalf;

(c) No person who acts in reliance upon any representation of my Attorney In Fact as to the scope of my Attorney In Fact's authority granted under this document shall incur any liability to me, my estate, my heirs, successors, or assigns for permitting my Attorney In Fact to exercise any such power, nor shall any person who deals with my Attorney In Fact be responsible to determine or ensure the proper application of funds or property;

5. TERMINATION:

I revoke all prior general Powers of Attorney that I may have executed. I retain the right to revoke or amend this Power and to substitute or add other Attorneys In Fact. This Power shall continue in full force and effect until I personally, have signed a written document specifically revoking this Power. Amendments to this Power shall be made in writing by me personally. Any revocation or amendment of this Power must be recorded in the same County or Counties as the original, if the original is recorded. Without regard to my mental or physical condition, this power of attorney shall continue in effect until revoked as above set forth or until death whichever occurs first.

6. GUARDIANSHIP:

In the event a proceeding is brought to establish a guardianship for me, I appoint the individual(s) then acting, or eligible to act, as my Attorney In Fact under this Power, to serve as guardian, and to have responsibility for the care, custody, and management, and supervision of my property and physical person.

7. GENERAL PROVISIONS:

(a) Persons dealing with my Attorney In Fact may rely fully on a photo static copy of this Power;

(b) If any of the provisions of this Power are found to be invalid for any reason, this invalidity shall not affect any of the other provisions of this Power, and all invalid provisions shall be wholly disregarded;

(c) All questions pertaining to validity, interpretation, and administration of this Power shall be determined in accordance with the laws of Indiana;

(d) My Attorney In Fact shall not be liable to me or any of my successors in interest for any action taken or not taken in good faith, but shall be liable for any willful misconduct or gross negligence;

This durable Power of Attorney is executed by me on ____________________, 20___.

_________________________John J. Doe

STATE OF INDIANA )

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COUNTY OF _____________ )

Before me, the undersigned, a Notary Public for said County and State, personally appeared JOHN J. DOE, and acknowledged the execution of the foregoing Power of Attorney on ___________________, 20___.

(SEAL) ______________________________

My commission expires: ____________________________(Printed Name)

____________________ Notary Public

Resident of ________________ County, Indiana



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LIVING WILL DECLARATION

Declaration made this____ day of ________________ 2_____, I, ________________________________________, being at least eighteen (18) years of age and of sound mind, willfully and voluntarily make known my desires that my dying shall not be artificially prolonged under the circumstances set forth below, and I declare:

If at any time my attending physician certifies in writing that: (1) I have an incurable injury, disease, or illness; (2) my death will occur within a short time; (3) the use of life prolonging procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the performance or provision of any medical procedure or medication necessary to provide me with comfort, care or to alleviate pain, and, if I have so indicated below, the provision of artificially supplied nutrition and hydration. (Indicate your choice by initialing or making your mark before signing this declaration):__________ I wish to receive artificially supplied nutrition and hydration, even if the effort to sustain life is futile or excessively burdensome to me.__________ I do not wish to receive artificially supplied nutrition and hydration, if the effort to sustain life is futile or excessively burdensome to me.__________ I intentionally make no decision concerning artificially supplied nutrition and hydration, leaving the decision to my health care representative appointed under IC 16-36-1-7 or my attorney in fact with health care powers under IC 30-5-5.

In the absence of my ability to give directions regarding the use of life prolonging procedures, it is my intention that this declaration be honored by my family physician as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences of the refusal.

I understand the full import of this declaration. ____________________________ SignedCity of Residence: ______________________ County of Residence:____________________State: of Residence:_____________________

The declarant has been personally known to me, and I believe (him/her) to be of sound mind. I did not sign the declarant's signature above for or at the direction of the declarant. I am not a parent, spouse, or child of the declarant. I am not entitled to any part of the declarant's estate or directly financially responsible for the declarant's medical care. I am competent and at least eighteen (18) years of age.____________________________________ _________________

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Witness Date ____________________________________ _________________Witness Date

APPOINTMENT OF HEALTH CARE REPRESENTATIVE

I, _________________________of _______________County, Indiana, appoint the below named individuals, in the order in which their names appear, as my health care representative to act for me in all matters of health care in accordance with IC 16-36-1-1, et seq, as they now exist or as they may be amended in the future. Among the powers granted to my health care representative, it is my intention to include the power to select, engage and discharge health care providers and facilities and the power to withhold or withdraw consent to health care as well as the power to grant consent.

Wife: ________________________________Son: _________________________________

This appointment is subject to the following terms and conditions:

I authorize my health care representative to act for me under the Health Insurance Portability and Accountability Act of 1996, (42 U.S.C. 201 et seq,)(HIPPA), as amended and under the federal regulation promulgated there under and to obtain access to my health care information and communicate with my health care provider. I authorize my health care representative to make decisions in my best interest concerning withdrawal or withholding of health care. If at any time based upon my previously expressed preferences and the diagnosis and prognosis my health care representative is satisfied that certain health care is not or would not be beneficial or that such health care is or would be excessively burdensome, then my health care representative may express my will that such health care be withheld or withdrawn and may consent on my behalf that any or all health care be discontinued or not instituted, even if my death result. My health care representative must try to discuss this decision with me. However, if I am unable to communicate, my health care representative may make such decision for me, after consultation with my physician(s) and other health care givers. To the extent appropriate, my health care representative may also discuss this decision with my family and others to the extent that they are available. I have executed a Living Will and request that my health care representative honor my wishes as expressed therein. This appointment of my health care representative is not to be considered as a contradiction of any Living Will that I may execute, whether simultaneously, previously, or hereafter. My Living Will shall be considered as expressing my intention, but my health care representative's action in consenting to, withholding of or withdrawing consent to life-prolonging procedures shall take precedence.

Dated: _________________________________ _______________________________ (Signature)

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WITNESS: ________________________________________

WITNESS: ________________________________________

TRANSFER UNDER THE INDIANA UNIFORM TRANSFERS TO MINORS ACT IC 30-2-8.5

I, ________________________, hereby transfers to ______________________as Custodian for

__________________________________, a minor, under the Indiana Uniform Transfers

to Minors Act, the following property:

________________________________________________________________________________________________________________________________________________________________________________________________________________________

( Said Custodian shall hold said assets as an Account Owner with the minor as beneficiary under Section 529 of the Internal Revenue Code of 1986 as amended.)

Dated: _________________________ _________________________________ (Transferor)

The undersigned as Custodian acknowledges receipt of the property described above for the minor named above under the Indiana Uniform Transfers to Minors Act.

Dated: _________________________ __________________________________ (Custodian)

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AFFIDAVIT FOR TRANSFER OF ASSETS WITHOUT ADMINISTRATION AND TO OBTAIN DATE OF DEATH VALUE


1. The undersigned is an heir or distributee of _________________________ who died a resident of ______________County, Indiana, on the ______day of ____________________, ________.

The decedent's address was:_____________________________________________________________________

The decedent's social security number is:_________________________

The relationship of affiant to decedent is: ________________________

2. The value of the gross probate estate of said decedent, less liens and encumbrances, does not exceed Fifty Thousand Dollars ($50,000.00).

3. More than forty-five (45) days have elapsed since the death of said decedent.

4. No Application or Petition for the Appointment of a Personal Representative is pending or has been granted in any jurisdiction.

5. At the time of (his)(her) death (he)(she) was the owner of the following property or right:

PROPERTY NAME AND ADDRESS OF PERSON HOLDING PROPERTY OF DECEDENT

_________________________________ Name:______________________________ Address: ____________________________ ____________________________

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____________________________ 6. The following is a list of the heirs or distributes, their addresses, their relationship to the decedent and the portions of the property to which they are entitled:

a. Name: Address___________________________ _____________________________ _____________________________ _____________________________Relationship to Decedent:___________________________

Portion of Property:___________________________

b. Name: Address___________________________ _____________________________ _____________________________ _____________________________Relationship to Decedent:___________________________


c. Name: Address___________________________ _____________________________ _____________________________ _____________________________Relationship to Decedent:___________________________


7. All debts, fees, expenses and obligations of the decedent and the decedent’s estate have been or will be paid to the extent required by law.

8. Affiant has notified the heirs or distributes of (his)(her) intention to informally settle the estate of the decedent through the use of the small estate affidavit in accordance with IC 29-1-8-1.

9. The disclosure of the date of death value is necessary to determine whether thedecedent's estate can be administered under the summary procedures set forth in law. Further,

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the affiant is answerable and accountable for the information received to the decedent's personal representative, if any, or to any other person having a superior right to the property or indebtedness.

10. The provisions of Indiana Code Sec. 29-1-8-1(a) require, upon being presented an Affidavit that complies with the provisions of Indiana law, the person who receives such Affidavit to make payment of the indebtedness or deliver the personal property to the persons claiming to be entitled to payment or delivery of the property of decedent.

11. The provisions of Indiana Code Sec. 29-1-8-1.5 require, upon being presented an Affidavit that complies with the provisions of Indiana law, the person who receives such Affidavit to provide the requested information within three business days after being presented with the Affidavit. 12. All of the facts set forth herein are true and correct as this Affiant is informed and verily believes.

Dated: ______________________ ____________________________ Affiant

13. The information requested of the holder is as follows:

A. The description of the property as set forth in paragraph 5 is correct. (YES)(NO) If NO, the correct description is: _____________________________________________.

B. The beneficiaries named in paragraph 6 above are correct according to the records of the holder of the asset. (HAVE NO INFORMATION)(YES)(N0) If NO, the correct beneficiaries are:_________________________________ ____________________________________________________________________ ___________________________________

C. The date of death value of such property was: _______________________________ The undersigned holder hereby certifies that the information in this paragraph 13 is true and accurate.

DATE: _______________________ HOLDER: ______________________________________ BY: __________________________________

NOTE: The HOLDER is requested to comply with paragraph 10, complete paragraph 13 and return one completed and signed copy of this Affidavit to Affiant:

NAME: _________________________________ADDRESS: ______________________________

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______________________________ ______________________________

State of Indiana County of _______________ Before me, the undersigned Notary Public, personally appeared Affiant,____________ __________________ on this _____day of ____________, _______, and being first duly sworn upon oath states that the above facts are true and accurate and acknowledged the execution of the above Affidavit.



This instrument was prepared by ___________________________, Attorney at Law.

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AFFIDAVIT FOR TRANSFER OF ASSETS ** WITHOUT ADMINISTRATION



2. The value of the gross probate estate of said decedent, less liens and encumbrances, does not exceed Fifty Thousand Dollars ($50,000.00).

3. More than forty-five (45) days have elapsed since the death of said decedent. 4. No Application or Petition for the Appointment of a Personal Representative is pending or has been granted in any jurisdiction.

5. At the time of (his)(her) death (he)(she) was the owner of the following property or right:

PROPERTY NAME AND ADDRESS OF PERSON HOLDING PROPERTY OF DECEDENT _________________________________ Name:______________________________ Address: ____________________________ __________________________________ __________________________________ _________________________________ Name:______________________________ Address: ____________________________ __________________________________ __________________________________ 6. The following is a list of the heirs or distributes, their addresses, their relationship to the decedent and the portions of the property to which they are entitled:

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a. Name: Address___________________________ _____________________________ _____________________________ _____________________________

Relationship to Decedent:___________________________


b. Name: Address___________________________ _____________________________ _____________________________ _____________________________Relationship to Decedent:___________________________


c. Name: Address___________________________ _____________________________ _____________________________ _____________________________Relationship to Decedent:___________________________



8. Affiant has notified the heirs or distributes of (his)(her) intention to informally settle the estate of the decedent through the use of the small estate affidavit in accordance with IC 29-1-8-1.

9. The provisions of Indiana Code Sec. 29-1-8-1(a) require, upon being presented an Affidavit that complies with the provisions of Indiana law, the person who receives such Affidavit to make payment of the indebtedness or deliver the personal property to the persons claiming to be entitled to payment or delivery of the property of decedent.

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Dated: ______________________ ____________________________

Before me, the undersigned Notary Public, personally appeared __________________ on this _____day of ____________, _______, and being first duly sworn upon oath states that the above facts are true and accurate and acknowledged the execution of the above Affidavit.



This instrument was prepared by ___________________________, Attorney at Law.

** If the property to be transferred is a motor vehicle or watercraft, the Department of Motor Vehicles has a form which should be used instead of this form. The waiting period is five days instead of 45. IC 29-1-8-1(c)

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AFFIDAVIT FOR TRANSFER OF REAL ESTATE WITHOUT ADMINISTRATION



2. The sole and only heirs or distributees of ________________________are (his)(her)children:

Name Address___________________________ _____________________________ _____________________________ _____________________________

___________________________ _____________________________ _____________________________ _____________________________

___________________________ _____________________________ _____________________________ _____________________________

___________________________ _____________________________ _____________________________ _____________________________ (a) That the decedent died intestate and left no surviving (wife)(husband) or other children or descendants of any deceased child. OR

(b) That the decedent died testate leaving a Will dated ___________________ which was entered for probate on ______________________ and recorded in Will Record Volume ________ page _____ in the Clerk’s Office of the ___________________Court,

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______________, Indiana.

3. At the time of (his)(her) death _____________________________was the owner of the following described real estate in _______________County, Indiana: See attached description of the real estate which is made a part hereof. 4. It appears that the decedent’s gross probate estate, less liens and encumbrances, does not exceed the sum of the following: fifty thousand dollars ($50,000.00), the costs and expenses of administration, and reasonable funeral expense.


6. By virtue of IC 29-1-8-3(b) no administration of the estate of _________________ _______________________ is required and by virtue of the intestate succession laws of the State of Indiana or the provisions of (his)(her) probated will, (his)(her) interest in the above described real estate at (his)(her) death became the property of said children above set forth in paragraph 2 as equal tenants in common.

7. This affidavit is made to request the Auditor of ________________County, Indiana, to transfer for taxation the above described real estate to said heirs or distributees and for the further purpose to be recorded in the Recorder’s Office of _______________County, Indiana, to show the title holders to said real estate at the death of said decedent. Dated: ______________________ ____________________________ Affiant

Before me, the undersigned Notary Public, personally appeared __________________ on this _____day of ____________, _______, and being first duly sworn upon oath states that the above facts are true and accurate. (SEAL) _____________________________ Notary PublicMy Commission Expires: Resident of __________County, IN____________________



MAIL TAX BILLS TO:___________________________ ______________________________________________________(Note: IC 32-21-2-3(b) requires a street or rural route address if not included above)

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STREET OR RR ADDRESS: _____________________________________________

PARCEL NO. ________________________________________

POD AND TOD AGREEMENT(PER STIRPES)

In consideration of being named now or in the future as POD or TOD payees or beneficiaries in certain bank accounts, certificates of deposit, securities and securities accounts, or other personal property, wherein: _____________________________________________________________________(is)(are) the owner(s), it is agreed that upon the death of all of the owners any such POD or TOD accounts, certificates of deposit, securities and securities accounts which are then in existence will be divided into _________ equal shares. One share shall be for each named POD or TOD beneficiary who survives all the owner(s) and one share for the then living lineal descendants per stirpes of any named beneficiary who does not survive the owner(s). The payees agree to share and pay equally all debts and expenses of owners from the proceeds of any such property.

_______________________________________as owner(s) reserve(s) complete ownership and control of any such assets.

Dated: ___________________________

OWNER(S) POD and/or TOD PAYEES

___________________________ ______________________________

___________________________ ______________________________

______________________________

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WILL OF JOHN DOE

I, John Doe, do make, publish and declare this to be my last will and I hereby revoke all wills and codicils heretofore made by me, if any.

FIRST I direct that my personal representative shall pay out of my estate all my debts, funeral and administration expenses.

SECOND

I give, devise and bequeath to my wife, Mary Doe, if she shall survive me by thirty (30) days, all of the rest, residue and remainder of my property, both real and personal, tangible and intangible, of whatsoever nature and wheresoever's located.

THIRD If my said wife, Mary Doe, shall not survive me by thirty (30) days, then I give, devise and bequeath such rest and residue equally to my children who survive me subject to the following. If any child of mine should not survive me and leave a child or children surviving me, then I give to such deceased child’s children who survive me equally the share that my said deceased child would have taken if such deceased child of mine had survived me.

FOURTH

I name my wife, Mary Doe, as Executrix of my estate. If she dies, declines to serve, or is unable to serve as my Executrix, I name my children, William Doe and Jane Doe as Executors of my estate. Said personal representatives shall serve without bond. I hereby authorize my personal representatives to sell any or all of the assets of my estate without order of any court, without notice to or consent of any of the beneficiaries herein, and upon such terms and under such conditions as my personal representatives shall deem advisable. I further authorize my named personal representatives to administer my estate without court supervision.

My children are William Doe and Jane Doe.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name this____ day of _______________, 200__.

____________________________ JOHN DOE

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On the ____ day of ______________, 200__, the foregoing Will was signed, sealed, acknowledged, published and declared by John Doe to be his last will in our presence, and we, at his request, and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. And we and each of us declare that the testator executed the above Will freely and voluntarily for the purposes expressed in it; that the testator was of sound mind when the above Will was executed; and that the testator is, to the best of the knowledge of each of the witnesses, at least eighteen (18) years of age.

WITNESS WITNESS

_________________________ _____________________________

NOTE: If combined estates of H and W are more than $5,340,000 (for 2014 death) and $5,430,000.00 (for 2015 death), then the will should provide request for the executor to file Form 706 for the first to die and to elect the portability of excess exemption to apply to the survivor’s estate.

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WILL OF JOHN DOE(POUR OVER)

I, John Doe, of ________________ County, Indiana, do make, publish and declare this to be my last will and I hereby revoke all wills and codicils heretofore made by me.

ITEM I

I direct that my personal representative shall pay out of my estate all my debts, funeral and administration expenses.

ITEM II

I give the residue of my estate to the Trustees of the John Doe and Mary Doe Revocable Trust dated the ____day of ____________20___ to be held and administered according to the terms thereof including any amendments thereto.

ITEM III

I name my wife, Mary Doe, as personal representative of my estate. I name my son, William Doe, as successor personal representative. No bond shall be required of said personal representatives. I further authorize my named personal representatives to administer my estate without court supervision.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name this____ day of _________ 20__.

____________________________ John Doe

On the ____ day of __________, 20___, the foregoing Will was signed, sealed, acknowledged, published and declared by John Doe to be his last will in our presence, and we, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. And we and each of us declare that the testator executed the above Will freely and voluntarily for the purposes expressed in it; that the testator was of sound mind when the above Will was executed; and that the testator is, to the best of the knowledge of each of the witnesses, at least eighteen (18) years of age.

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WITNESS WITNESS

_________________________ _____________________________

STATE OF INDIANA ) IN THE ____________CIRCUIT COURT ) SS:COUNTY OF ________________) CAUSE NO. _________________________

IN THE MATTER OF THE ESTATE OF __________________________, DECEASED

PETITION FOR PROBATE OF WILL

________________________________, petitioner, being first duly sworn says:

1. Decedent, _________________________________________, age __________died the _____day of ____________, 2 _____. At the time of such death decedent was domiciled in ________________ County, Indiana. An Affidavit of Death is submitted to the Court herewith.

2. Decedent died testate, leaving a Will dated the _____day of ___________, ______. Such Will is submitted to the Court herewith.

3. Petitioner further submits to the Court Proof of Will OR The Will has been made self-proven pursuant to law.

4. After making such will, the marital status of the decedent was not changed by divorce or annulment.

WHEREFORE, the petitioner prays the Court for an order probating decedent's Will.

______________________________

Subscribed and sworn to before me the undersigned Notary Public this _______day of ________________, _________.

(SEAL) ______________________________ Notary PublicMy Commission Expires: Resident of ___________County, Indiana_____________________

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IN THE MATTER OF THE ESTATE OF

__________________________, DECEASED

AFFIDAVIT OF DEATH

_________________________________________, being duly sworn on oath deposes and says that ______________________________, decedent, died on the ______day of ____________, 2________, and at the time of such death was domiciled in ________________County, Indiana. ______________________________

Subscribed and sworn to before me the undersigned Notary Public this _______day of ________________, 2_________.


PROOF OF WILL _________________________________________, being duly sworn on oath deposes and says:

1. Affiant is one of the attesting witnesses to a written instrument dated the _______day of _______________, _______, purporting to be the Will of _____________________, hereafter called the "decedent".

2. At such time, the decedent declared that such instrument was decedent's Will, and duly signed such instrument in the presence of the attesting witnesses thereto, namely this afffiant and ________________________________________.

3. The attesting witnesses to the decedent's signature, at decedent's request, and in decedent's

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presence and in the presence of each other, then subscribed their names as witnesses.

4. Decedent signed said Will freely and voluntarily for the purposes expressed therein; was of sound mind when said Will was signed; and at such time, the decedent was at least eighteen (18) years of age.

______________________________

Subscribed and sworn to before me the undersigned Notary Public this _______day of ________________, 2_________.


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IN THE MATTER OF THE ESTATE OF __________________________, DECEASED

ORDER OF PROBATE

An instrument in writing dated the ______day of ______________, _________, purporting to be the Will of _________________________________, deceased, is now submitted to the Court together with: Petition for Probate of Will Affidavit of Death (Proof of Will).

(And said purported Will having been made self-proven by decedent and the witnesses to the Will pursuant to law),

And upon examination of said purported Will, Petition for Probate of Will, Affidavit of Death (and Proof of Will), having heard the evidence and being duly advised, the Court now finds that:

1. Said decedent died on the _____day of _______________, _________, age _____, and at the time of death was domiciled in ________________ County, Indiana.

2. The instrument purporting to be decedent's Will was duly executed in all respects according to law, has been duly proven, is the last Will of decedent, and is entitled to probate in this county.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the said written instrument purporting to be the last Will of said decedent is hereby admitted to probate and record as the last Will of said decedent.

Dated: ___________________ _________________________________________

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Judge, _______________________ Court

AUTHORIZATION FOR RELEASE OF PROTECTED HEALTH INFORMATION

HIPAA WAIVER

(Valid Authorization Under 45 CFR Chapter 164)

Statement of intent: It is my understanding that Congress passed a law entitled the Health Insurance Portability and Accountability Act ("HIPAA") that limits use, disclosure or release of my individually identifiable health information (or, sometimes herein, "protected medical information"). This Authorization is being signed because it is crucial that my health care providers readily use, release or disclose my protected medical information to, or as directed by, that person or those persons designated in this Authorization in order to allow me the advantage of being able to discuss with, and obtain advice from, others or to facilitate decisions regarding my health care when I otherwise may not be able to discuss these matters with health care providers without regard to whether any health care provider has certified in writing that I am incompetent.

Appointment of Authorized Recipients:

I, ______________________, an individual, called Principal, hereby appoint the following persons, or any of them, as Authorized Recipients for health care disclosure under the Standards for Privacy of Individually Identifiable Health Care Information (45 CFR Parts 160 and 164) under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"):

________________________________________________________________________________________________________________________________________________

Grant of Authority:

Therefore, as authorized by 45 CFR Sec(s). 164.502(a)(l)(i) and (iv), 164.502(a)(2)(i), 164.524 and 164.528, a covered entity (being a health care provider as defined by HLPAA) is permitted to use, release and disclose my individually identifiable health information pursuant to and incompliance with this valid Authorization.

I hereby authorize:

a. All covered persons and entities as defined in HIPAA, including but not limited to a doctor (including but not limited to a physician, podiatrist, chiropractor, or osteopath), psychiatrist, psychologist, dentist, therapist, nurse, hospitals, clinics, pharmacy, laboratory, ambulance service, assisted living facility, residential care facility, bed and board facility, nursing home,

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medical insurance company or any other health care provider or affiliate,

b. to use, release and disclose the following information at the request of an Authorized Recipient:

Any and all individually identifiable health care information, reports and/or records concerning my medical history, condition, diagnosis, testing, prognosis, treatment, billing information and identity of health care providers, whether past, present or future and any other information which is in any way related to my health care. Additionally, this disclosure shall include the ability to ask questions and discuss this protected medical information with the person or entity who has possession of the protected medical information even if I am fully competent to ask questions and discuss this matter at the time. It is my intention to give a full authorization for access to, disclosure and release of ANY protected medical information by or to the persons named in this Authorization as if each person were me;

c. to, or as requested by, an Authorized Recipient.

Termination:

This Authorization is not affected by, and shall not terminate by reason of, my subsequent disability or incapacity. This Authorization shall terminate on the fist to occur of: (1) 2 years following my death or (2) upon my written revocation expressly referring to this Authorization and the date it is actually received by the covered entity. Proof of receipt of my written revocation may be by certified mail, registered mail, facsimile, or any other receipt evidencing actual receipt by the covered entity. Such revocation shall be effective upon the actual receipt of the notice by the covered entity except to the extent that the covered entity has taken action in reliance on it.

Re-disclosure:

By signing this Authorization, I acknowledge that the information used, disclosed or released pursuant to this Authorization may be subject to re-disclosure by an Authorized Recipient whose names are written in paragraph 1 of this Authorization and the information once disclosed will no longer be protected by the rules created in HIPAA. No covered entity shall require an Authorized Recipient to indemnify the covered entity or agree to perform any act in order for the covered entity to comply with this Authorization.

Instructions to the Authorized Recipients:

An Authorized Recipient shall have the right to bring a legal action in any applicable forum against any covered entity that refuses to recognize and accept this Authorization for the purposes that I have expressed. Additionally, an Authorized Recipient is authorized to sign any documents that the Authorized Recipient deems appropriate to obtain use, disclosure or release of the protected medical information.

Effect of Duplicate Originals or Copies:

If this Authorization has been executed in multiple counterparts, each counterpart original will

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have equal force and effect. An Authorized Recipient may make photocopies of this Authorization and each photocopy will have the same force and effect as the original.

My Waiver and Release:

With regard information disclosed pursuant to this Authorization, I waive any right of privacy that I may have under the authority of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA), any amendment or successor to that Act, or any similar state or federal act, rule or regulation. In addition, I hereby release any covered entity that acts in reliance on this Authorization from any liability that may accrue from the use or disclosure of my protected medical information in reliance upon this Authorization and for any actions taken by an Authorized Recipient.

Severability:

I intend that this authorization conform to United States and Indiana law. In the event that any provision of this document is invalid, the remaining provisions shall nonetheless remain in full force and effect.

I understand that I have the right to receive a copy of this authorization. I also understand that I have the right to revoke this authorization and that any revocation of this authorization must be in writing.

Dated: _________________,20___ ____________________________Principal ____________________________ Printed Name DOB: _______________________

STATE OF INDIANA COUNTY OF ______________

Before me, a Notary Public, this _____day of _________, 20___, the above Principalacknowledged the execution of this instrument.

(SEAL) ____________________________________ Signature of Notary Public ____________________________________ Printed Name of Notary Public

My commission expires: ___________________County of Residence: _____________________

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INDIANA CODE PROVISIONS

IC 32-17-14 Chapter 14. Transfer on Death Property Act (2009 as amended)

Sec. 1. This chapter may be cited as the Transfer on Death Property Act. Sec. 2. (a) Except as provided elsewhere in this chapter, this chapter applies to a transfer on death security, transfer on death securities account, and pay on death account created before July 1, 2009, unless the application of this chapter would:

(1) adversely affect a right given to an owner or beneficiary; (2) give a right to any owner or beneficiary that the owner or beneficiary was not intended to have when the transfer on death security, transfer on death securities account, or pay on death account was created; (3) impose a duty or liability on any person that was not intended to be imposed when the transfer on death, transfer on death securities account, or pay on death account was created; or (4) relieve any person from any duty or liability imposed: (A) by the terms of the transfer on death security, transfer on death securities account, or pay on death account; or (B) under prior law.

(b) Subject to section 32 of this chapter, this chapter applies to a transfer on death transfer if at the time the owner designated the beneficiary: (1) the owner was a resident of Indiana; (2) the property subject to the beneficiary designation was situated in Indiana; (3) the obligation to pay or deliver arose in Indiana; (4) the transferring entity was a resident of Indiana or had a place of business in Indiana; or (5) the transferring entity's obligation to make the transfer was accepted in Indiana.

(c) Except for section 24 of this chapter, this chapter does not apply to property, money, or benefits paid or transferred at death under a life or accidental death insurance policy, annuity, contract, plan, or other product sold or issued by a life insurance company unless the provisions of this chapter are incorporated into the policy or beneficiary designation in whole or in part by express reference.

(d) Except for section 24 of this chapter, this chapter does not apply to a transfer on death transfer if the beneficiary designation or an applicable law expressly provides that this chapter

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does not apply to the transfer.

(e) Subject to IC 9-17-3-9(h) and IC 9-31-2-30(h), this chapter applies to a beneficiary designation for the transfer on death of a motor vehicle or a watercraft.

Sec. 2.1. An amendment to the rules of law contained in this chapter applies to all transfer on death transfers created prior to the effective date of the applicable amendment. Sec. 3. The following definitions apply throughout this chapter:

(1) "Beneficiary" means a person designated or entitled to receive property because of another person's death under a transfer on death transfer. (2) "Beneficiary designation" means a written instrument other than a will or trust that designates the beneficiary of a transfer on death transfer. (3) "Joint owners" refers to persons who hold property as joint tenants with a right of survivorship. However, the term does not include a husband and wife who hold property as tenants by the entirety. (4) "LDPS" means an abbreviation of lineal descendants per stirpes, which may be used in a beneficiary designation to designate a substitute beneficiary as provided in section 22 of this chapter. (5) "Owner" refers to a person or persons who have a right to designate the beneficiary of a transfer on death transfer. (6) "Ownership in beneficiary form" means holding property under a registration in beneficiary form or other written instrument that: (A) names the owner of the property; (B) directs ownership of the property to be transferred upon the death of the owner to the designated beneficiary; and (C) designates the beneficiary. (7) "Person" means an individual, a sole proprietorship, a partnership, an association, a fiduciary, a trustee, a corporation, a limited liability company, or any other business entity. (8) "Proof of death" means a death certificate or a record or report that is prima facie proof or evidence of an individual's death. (9) "Property" means any present or future interest real property, intangible personal property (as defined in IC 6-4.1-1-5), or tangible personal property (as defined in IC 6-4.1-1-13). The term includes: (A) a right to direct or receive payment of a debt; (B) a right to direct or receive payment of money or other benefits due under a contract, account agreement, deposit agreement, employment contract, compensation plan, pension plan, individual retirement plan, employee benefit plan, or trust or by operation of law; (C) a right to receive performance remaining due under a contract; (D) a right to receive payment under a promissory note or a debt maintained in a written account record; (E) rights under a certificated or uncertificated security; (F) rights under an instrument evidencing ownership of property issued by a governmental agency; and (G) rights under a document of title (as defined in IC 26-1-1-201). (10) "Registration in beneficiary form" means titling of an account record, certificate, or other written instrument that: (A) provides evidence of ownership of property in the name of the owner; (B) directs ownership of the property to be transferred upon the death of the owner to

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the designated beneficiary; and (C) designates the beneficiary. (11) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer. The term includes a certificated security, an uncertificated security, and a security account. (12) "Transfer on death deed" means a deed that coveys an interest in real property to a grantee by beneficiary designation. (13) "Transfer on death transfer" refers to a transfer of property that takes effect upon the death of the owner under a beneficiary designation made under this chapter. (14) "Transferring entity" means a person who: (A) owes a debt or is obligated to pay money or benefits; (B) renders contract performance; (C) delivers or conveys property; or (D) changes the record of ownership of property on the books, records, and accounts of an enterprise or on a certificate or document of title that evidences property rights. The term includes a governmental agency, business entity, or transfer agent that issues certificates of ownership or title to property and a person acting as a custodial agent for an owner's property. However, the term does not include a governmental office charged with endorsing, entering, or recording the transfer of real property in the public records.

Sec. 4. (a) The following transfers of ownership are not considered transfer on death transfers for purposes of this chapter: (1) Transfers by rights of survivorship in property held as joint tenants or tenants by the entirety. (2) A transfer to a remainderman on the termination of a life tenancy. (3) An inter vivos or a testamentary transfer under a trust established by an individual. (4) A transfer made under the exercise or nonexercise of a power of appointment. (5) A transfer made on the death of a person who did not have the right to designate the person's estate as the beneficiary of the transfer. (b) A beneficiary designation made under this chapter must do the following: (1) Designate the beneficiary of a transfer on death transfer. (2) Make the transfer effective upon the death of the owner of the property being transferred. (3) Comply with this chapter, the conditions of any governing instrument, and any other applicable law. (c) For purposes of construing this chapter or a beneficiary designation made under this chapter, the death of the last surviving owner of property held by joint owners is considered the death of the owner. (d) Except as otherwise provided in this chapter, a transfer on death direction is accomplished in a form substantially similar to the following: (1) Insert Name of the Owner or Owners. (2) Insert "Transfer on death to" or "TOD" or "Pay on death to" or "POD". (3) Insert the Name of the Beneficiary or Beneficiaries. (e) An owner may revoke or change a beneficiary designation at any time before the owner's death.

Sec. 5. A transfer on death transfer: (1) is effective with or without consideration;

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(2) is not considered testamentary; (3) is not subject to the requirements for a will or for probating a will under IC 29-1; and (4) may be subject to an agreement between the owner and a transferring entity to carry out the owner's intent to transfer the property under this chapter.

Sec. 6. For the purpose of discharging its duties under this chapter, the authority of a transferring entity acting as agent for an owner of property subject to a transfer on death transfer does not cease at the death of the owner. The transferring entity shall transfer the property to the designated beneficiary in accordance with the beneficiary designation and this chapter.

Sec. 7. (a) If any of the following are required, an agreement between the owner and the transferring entity is necessary to carry out a transfer on death transfer, which may be made in accordance with the rules, terms, and conditions set forth in the agreement: (1) The submission to the transferring entity of a beneficiary designation under a governing instrument. (2) Registration by a transferring entity of a transfer on death direction on any certificate or record evidencing ownership of property. (3) Consent of a contract obligor for a transfer of performance due under the contract. (4) Consent of a financial institution for a transfer of an obligation of the financial institution. (5) Consent of a transferring entity for a transfer of an interest in the transferring entity. (b) When subsection (a) applies, a transferring entity is not required to accept an owner's request to assist the owner in carrying out a transfer on death transfer. (c) If a beneficiary designation, revocation, or change is subject to acceptance by a transferring entity, the transferring entity's acceptance of the beneficiary designation, revocation, or change relates back to and is effective as of the time the request was received by the transferring entity.

Sec. 8. (a) If a transferring entity accepts a beneficiary designation or beneficiary assignment or registers property in beneficiary form, the acceptance or registration constitutes the agreement of the owner and the transferring entity that, subject to this section, the owner's property will be transferred to and placed in the name and control of the beneficiary in accordance with the beneficiary designation or transfer on death direction, the agreement between the parties, and this chapter. (b) An agreement described in subsection (a) is subject to the owner's power to revoke or change a beneficiary designation before the owner's death. (c) A transferring entity's duties under an agreement described in subsection (a) are subject to the following: (1) Receiving proof of the owner's death. (2) Complying with the transferring entity's requirements for proof that the beneficiary is entitled to receive the property.

Sec. 9. (a) Except as provided in subsection (c), a beneficiary designation that satisfies the requirements of subsection (b): (1) authorizes a transfer of property under this chapter; (2) is effective on the death of the owner of the property; and (3) transfers the right to receive the property to the designated beneficiary who survives the death of the owner.

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(b) A beneficiary designation is effective under subsection (a) if the beneficiary designation is: (1) executed; and (2) delivered;in proper form to the transferring entity before the death of the owner. (c) A transferring entity shall make a transfer described in subsection (a)(3) unless there is clear and convincing evidence of the owner's different intention at the time the beneficiary designation was created. Sec. 10. (a) A written assignment of a contract right that: (1) assigns the right to receive any performance remaining due under the contract to an assignee designated by the owner; and (2) expressly states that the assignment does not take effect until the death of the owner;transfers the right to receive performance due under the contract to the designated assignee beneficiary if the assignment satisfies the requirements of subsection (b). (b) A written assignment described in subsection (a) is effective upon the death of the owner if the assignment is: (1) executed; and (2) delivered;in proper form to the contract obligor before the death of the owner. (c) A beneficiary assignment described in this section is not required to be supported by consideration or delivered to the assignee beneficiary. (d) This section does not preclude other methods of assignment that are permitted by law and have the effect of postponing the enjoyment of the contract right until after the death of the owner.

Sec. 11. (a) A transfer on death deed transfers the interest provided to the beneficiary if the transfer on death deed is: (1) executed in proper form; and (2) recorded with the recorder of deeds in the county in which the real property is situated before the death of the owner. (b) A transfer on death deed is void if it is not recorded with the recorder of deeds in the county in which the real property is situated before the death of the owner. (c) A transfer on death deed is not required to be supported by consideration or delivered to the grantee beneficiary. (d) A transfer on death deed may be used to transfer an interest in real property to either a revocable or an irrevocable trust. (e) If the owner makes a transfer on death deed, the effect of the conveyance is determined as follows: (1) If the owner's interest in the real property is as a tenant by the entirety, the conveyance is inoperable and void unless the other spouse joins in the conveyance. (2) If the owner's interest in the real property is as a joint tenant with rights of survivorship, the conveyance severs the joint tenancy and the cotenancy becomes a tenancy in common. (3) If the owner's interest in the real property is as a joint tenant with rights of survivorship and the property is subject to a beneficiary designation, a conveyance of any joint owner's interest has no effect on the original beneficiary designation for the nonsevering joint tenant. (4) If the owner's interest is as a tenant in common, the owner's interest passes to the beneficiary as a transfer on death transfer. (5) If the owner's interest is a life estate determined by the owner's life, the conveyance is

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inoperable and void. (6) If the owner's interest is any other interest, the interest passes in accordance with this chapter and the terms and conditions of the conveyance establishing the interest. If a conflict exists between the conveyance establishing the interest and this chapter, the terms and conditions of the conveyance establishing the interest prevail. (f) A beneficiary designation in a transfer on death deed may be worded in substance as "(insert owner's name) conveys and warrants (or quitclaims) to (insert owner's name), TOD to (insert beneficiary's name)". This example is not intended to be exhaustive. (g) A transfer on death deed using the phrase "pay on death to" or the abbreviation "POD" may not be construed to require the liquidation of the real property being transferred. (h) This section does not preclude other methods of conveying real property that are permitted by law and have the effect of postponing enjoyment of an interest in real property until after the death of the owner. This section applies only to transfer on death deeds and does not invalidate any deed that is otherwise effective by law to convey title to the interest and estates provided in the deed. (i) The endorsement of the auditor under IC 36-2-11-14 is not necessary to record a transfer on death deed.

Sec. 12. (a) A deed of gift, bill of sale, or other writing intended to transfer an interest in tangible personal property is effective on the death of the owner and transfers ownership to the designated transferee beneficiary if the document: (1) expressly creates ownership in beneficiary form; (2) is in other respects sufficient to transfer the type of property involved; and (3) is executed by the owner and acknowledged before a notary public or other person authorized to administer oaths. (b) A beneficiary transfer document described in this section is not required to be supported by consideration or delivered to the transferee beneficiary. (c) This section does not preclude other methods of transferring ownership of tangible personal property that are permitted by law and have the effect of postponing enjoyment of the property until after the death of the owner.

Sec. 13. (a) A transferor of property, with or without consideration, may execute a written instrument directly transferring the property to a transferee to hold as owner in beneficiary form. (b) A transferee under an instrument described in subsection (a) is considered the owner of the property for all purposes and has all the rights to the property provided by law to the owner of the property, including the right to revoke or change the beneficiary designation. (c) A direct transfer of property to a transferee to hold as owner in beneficiary form is effective when the written instrument perfecting the transfer becomes effective to make the transferee the owner.

Sec. 14. (a) Property may be held or registered in beneficiary form by including in the name in which the property is held or registered a direction to transfer the property on the death of the owner to a beneficiary designated by the owner. (b) Property is registered in beneficiary form by showing on the account record, security certificate, or instrument evidencing ownership of the property: (1) the name of the owner and, if applicable, the estate by which two (2) or more joint owners hold the property; and (2) an instruction substantially similar in form to "transfer on death to (insert name of

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beneficiary)".An instruction to "pay on death to (insert name of the beneficiary)" and the use of the abbreviations "TOD" and "POD" are also permitted by this section. (c) Only a transferring entity or a person authorized by the transferring entity may place a transfer on death direction described by this section on an account record, a security certificate, or an instrument evidencing ownership of property. (d) A transfer on death direction described by this section is effective on the death of the owner and transfers the owner's interest in the property to the designated beneficiary if: (1) the property is registered in beneficiary form before the death of the owner; or (2) the transfer on death direction is delivered in proper form to the transferring entity before the owner's death. (e) An account record, security certificate, or instrument evidencing ownership of property that contains a transfer on death direction written as part of the name in which the property is held or registered is conclusive evidence, in the absence of fraud, duress, undue influence, lack of capacity, or mistake, that the direction was: (1) regularly made by the owner; (2) accepted by the transferring entity; and (3) not revoked or changed before the owner's death.

Sec. 15. (a) Before the death of the owner, a beneficiary has no rights in the property because of the beneficiary designation. The signature or agreement of the beneficiary is not required for any transaction relating to property transferred under this chapter. If a lienholder takes action to enforce a lien, by foreclosure or otherwise through a court proceeding, it is not necessary to join the beneficiary as a party defendant in the action unless the beneficiary has another interest in the real property that has vested. (b) On the death of one (1) of two (2) or more joint owners, property with respect to which a beneficiary designation has been made belongs to the surviving joint owner or owners. If at least two (2) joint owners survive, the right of survivorship continues as between the surviving owners. (c) On the death of a tenant by the entireties, property with respect to which a beneficiary designation has been made belongs to the surviving tenant. (d) On the death of the owner, property with respect to which a beneficiary designation has been made passes by operation of law to the beneficiary. (e) If two (2) or more beneficiaries survive, there is no right of survivorship among the beneficiaries when the death of a beneficiary occurs after the death of the owner unless the beneficiary designation expressly provides for survivorship among the beneficiaries. Except as expressly provided otherwise, the surviving beneficiaries hold their separate interest in the property as tenants in common. The share of any beneficiary who dies after the owner dies belongs to the deceased beneficiary's estate. (f) If no beneficiary survives the owner, the property belongs to the estate of the owner unless the beneficiary designation directs the transfer to a substitute beneficiary in the manner required by section 22 of this chapter.

Sec. 16. (a) A beneficiary designation may be revoked or changed during the lifetime of the owner. (b) A revocation or change of a beneficiary designation involving property owned as tenants by the entirety must be made with the agreement of both tenants for so long as both tenants are alive. After an individual dies owning as a tenant by the entirety property that is subject to a beneficiary designation, the individual's surviving spouse may revoke or change the beneficiary

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designation. (c) A revocation or change of a beneficiary designation involving property owned in a form of ownership (other than as tenants by the entirety) that restricts conveyance of the interest unless another person joins in the conveyance must be made with the agreement of each living owner required to join in a conveyance. (d) A revocation or change of a beneficiary designation involving property owned by joint owners with a right of survivorship must be made with the agreement of each living owner. (e) A subsequent beneficiary designation revokes a prior beneficiary designation unless the subsequent beneficiary designation expressly provides otherwise. (f) A revocation or change in a beneficiary designation must comply with the terms of any governing instrument, this chapter, and any other applicable law. (g) A beneficiary designation may not be revoked or changed by a will unless the beneficiary designation expressly grants the owner the right to revoke or change the beneficiary designation by a will. (h) A transfer during the owner's lifetime of the owner's interest in the property, with or without consideration, terminates the beneficiary designation with respect to the property transferred. (i) The effective date of a revocation or change in a beneficiary designation is determined in the same manner as the effective date of a beneficiary designation. (j) An owner may revoke a beneficiary designation made in a transfer on death deed by executing and recording with the recorder of deeds in the county in which the real property is situated either: (1) a subsequent deed of conveyance revoking, omitting, or changing the beneficiary designation; or (2) an affidavit acknowledged or proved under IC 32-21-2-3 that revokes or changes the beneficiary designation. (k) A physical act, such as a written modification on or the destruction of a transfer on death deed after the transfer on death deed has been recorded, has no effect on the beneficiary designation. (l) A transfer on death deed may not be revoked or modified by will or trust.

Sec. 17. (a) An attorney in fact, guardian, conservator, or other agent acting on the behalf of the owner of property may make, revoke, or change a beneficiary designation if: (1) the action complies with the terms of this chapter and any other applicable law; and (2) the action is not expressly forbidden by the document establishing the agent's right to act on behalf of the owner. (b) An attorney in fact, guardian, conservator, or other agent may withdraw, sell, pledge, or otherwise transfer property that is subject to a beneficiary designation notwithstanding the fact that the effect of the transaction may be to extinguish a beneficiary's right to receive a transfer of the property at the death of the owner. (c) The rights of a beneficiary to any part of property that is subject to a beneficiary designation after the death of the owner are determined under IC 29-3-8-6.5 if: (1) a guardian or conservator takes possession of the property; (2) the guardian sells, transfers, encumbers, or consumes the property during the protected person's lifetime; and (3) the owner subsequently dies.

Sec. 18. If property subject to a beneficiary designation is lost, destroyed, damaged, or involuntarily converted during the owner's lifetime, the beneficiary succeeds to any right with

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respect to the loss, destruction, damage, or involuntary conversion that the owner would have had if the owner had survived. However, the beneficiary has no interest in any payment or substitute property received by the owner during the owner's lifetime.

Sec. 19. (a) A beneficiary of a transfer on death transfer takes the owner's interest in the property at the death of the owner subject to all conveyances, assignments, contracts, set offs, licenses, easements, liens, and security interests made by the owner or to which the owner was subject during the owner's lifetime. (b) A beneficiary of a transfer on death transfer of an account with a bank, savings and loan association, credit union, broker, or mutual fund takes the owner's interest in the property at the death of the owner subject to all requests for payment of money issued by the owner before the owner's death, whether paid by the transferring entity before or after the owner's death, or unpaid. The beneficiary is liable to the payee of an unsatisfied request for payment to the extent that the request represents an obligation that was enforceable against the owner during the owner's lifetime. (c) Each beneficiary's liability with respect to an unsatisfied request for payment is limited to the same proportionate share of the request for payment as the beneficiary's proportionate share of the account under the beneficiary designation. Each beneficiary has the right of contribution from the other beneficiaries with respect to a request for payment that is satisfied after the owner's death, to the extent that the request for payment would have been enforceable by the payee during the owner's lifetime.

Sec. 20. An individual who is a beneficiary of a transfer on death transfer is not entitled to a transfer unless the individual: (1) survives the owner; and (2) survives the owner by the period of time, if any, required by the terms of the beneficiary designation.

Sec. 21. (a) A trustee of a trust may be a designated beneficiary regardless of whether the trust is amendable, revocable, irrevocable, funded, unfunded, or amended after the designation is made. (b) Unless a beneficiary designation provides otherwise, a trust that is revoked or terminated before the death of the owner is considered nonexistent at the owner's death. (c) Unless a beneficiary designation provides otherwise, a legal entity or trust that does not: (1) exist; or (2) come into existence effective as of the owner's death;is considered nonexistent at the owner's death. (d) For the purposes of this section, an owner’s testamentary trust is considered to have come into existence as of the owner’s death if the owner’s last will and testament is admitted to probate.

Sec. 22. (a) Notwithstanding sections 9 and 20 of this chapter, a designated beneficiary's rights under this chapter are not extinguished when the designated beneficiary does not survive the owner if: (1) subsection (b) applies in the case of a designated beneficiary who is a lineal descendant of the owner; or (2) subsection (d) applies in the case of a designated beneficiary who is not a lineal descendant of the owner. (b) If a designated beneficiary who is a lineal descendant of the owner:

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(1) is deceased at the time the beneficiary designation is made; (2) does not survive the owner; or (3) is treated as not surviving the owner;the beneficiary's right to a transfer on death transfer belongs to the beneficiary's lineal descendants per stirpes who survive the owner unless the owner provides otherwise under subsection (c). (c) An owner may execute a beneficiary designation to which subsection (b) does not apply by: (1) making the notation "No LDPS" after a beneficiary's name; or (2) including other words negating an intention to direct the transfer to the lineal descendant substitutes of the non-surviving beneficiary. (d) An owner may execute a beneficiary designation that provides that the right to a transfer on death transfer belonging to a beneficiary who is not a lineal descendant of the owner and does not survive the owner belongs to the beneficiary's lineal descendants per stirpes who survive the owner. An owner's intent to direct the transfer to the non-surviving beneficiary's lineal descendants must be shown by either of the following on the beneficiary designation after the name of the beneficiary: (1) The words "and lineal descendants per stirpes". (2) The notation "LDPS". (e) When two (2) or more individuals receive a transfer on death transfer as substitute beneficiaries under subsection (b) or (d), the individuals are entitled to equal shares of the property if they are of the same degree of kinship to the nonsurviving beneficiary. If the substitute beneficiaries are of unequal degrees of kinship, an individual of a more remote degree is entitled by representation to the share that would otherwise belong to the individual's parent.

(f) If: (1) a designated beneficiary of a transfer on death transfer does not survive the owner; (2) either subsection (b) or (d) applies; and (3) no lineal descendant of the designated beneficiary survives the owner;the right to receive the property transferred belongs to the other surviving beneficiaries. If no other beneficiary survives the owner, the property belongs to the owner's estate.

Sec. 23. (a) If, after an owner makes a beneficiary designation, the owner's marriage is dissolved or annulled, any provision of the beneficiary designation in favor of the owner's former spouse is revoked on the date the marriage is dissolved or annulled. Revocation under this subsection is effective regardless of whether the beneficiary designation refers to the owner's marital status. The beneficiary designation is given effect as if the former spouse had not survived the owner. (b) Subsection (a) does not apply to a provision of a beneficiary designation that: (1) has been made irrevocable, or revocable only with the spouse's consent; (2) is made after the marriage is dissolved or annulled; or (3) expressly states that the dissolution or annulment of the marriage does not affect the designation of a spouse or a relative of the spouse as a beneficiary. (c) A provision of a beneficiary designation that is revoked solely by subsection (a) is revived by the owner's remarriage to the former spouse or by a nullification of the dissolution or annulment of the marriage. (d) This section does not apply to any employee benefit plan governed by the Employee

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Retirement Income Security Act of 1974.

Sec. 24. (a) A beneficiary designation or a revocation of a beneficiary designation that is procured by fraud, duress, undue influence, or mistake or because the owner lacked capacity is void. (b) A beneficiary designation made under this chapter is subject to IC 29-1-2-12.1.

Sec. 25. (a) No law intended to protect a spouse or child from disinheritance by the will of a testator applies to a transfer on death transfer. (b) A beneficiary designation designating the children of the owner or children of any other person as a class and not by name includes all children of the person regardless of whether the child is born or adopted before or after the beneficiary designation is made. (c) Except as provided in subsection (d), a child of the owner born or adopted after the owner makes a beneficiary designation that names another child of the owner as the beneficiary is entitled to receive a fractional share of the property that would otherwise be transferred to the named beneficiary. The share of the property to which each child of the owner is entitled to receive is expressed as a fraction in which the numerator is one (1) and the denominator is the total number of the owner's children. (d) A beneficiary designation or a governing instrument may provide that subsection (c) does not apply to an owner's beneficiary designation. In addition, a transferring entity is not obligated to apply subsection (c) to property registered in beneficiary form. (e) If a beneficiary designation does not name any child of the owner as the designated beneficiary with respect to a particular property interest, a child of the owner born or adopted after the owner makes the beneficiary designation is not entitled to any share of the property interest subject to the designation.

Sec. 26. (a) If an agreement between the owner and a transferring entity is required to carry out a transfer on death transfer as described in section 7 of this chapter, a transferring entity may not adopt rules for the making, execution, acceptance, and revocation of a beneficiary designation that are inconsistent with this chapter. (b) The following rules apply to a beneficiary designation: (1) A beneficiary designation or a request for registration of property in beneficiary form must be made in writing, signed by the owner, dated, and, in the case of a transfer on death deed, compliant with all requirements for the recording of deeds. (2) A security that is not registered in the name of the owner may be registered in beneficiary form on instructions given by a broker or person delivering the security. (3) A beneficiary designation may designate one (1) or more primary beneficiaries and one (1) or more contingent beneficiaries. (4) On property registered in beneficiary form, a primary beneficiary is the person shown immediately following the transfer on death direction. Words indicating that the person is a primary beneficiary are not required. The name of a contingent beneficiary in the registration must have the words "contingent beneficiary" or words of similar meaning to indicate the contingent nature of the interest being transferred. (5) Multiple surviving beneficiaries share equally in the property being transferred unless a different percentage or fractional share is stated for each beneficiary. If a percentage or fractional share is designated for multiple beneficiaries, the surviving beneficiaries share in the proportion that their designated shares bear to each other. (6) A transfer of unequal shares to multiple beneficiaries for property registered in beneficiary form may be expressed in numerical form following the name of the beneficiary in

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the registration. (7) A transfer on death transfer of property also transfers any interest, rent, royalties, earnings, dividends, or credits earned or declared on the property but not paid or credited before the owner's death. (8) If a distribution by a transferring entity under a transfer on death transfer results in fractional shares in a security or other property that is not divisible, the transferring entity may distribute the fractional shares in the name of all beneficiaries as tenants in common or as the beneficiaries may direct, or the transferring entity may sell the property that is not divisible and distribute the proceeds to the beneficiaries in the proportions to which they are entitled. (9) On the death of the owner, the property, minus all amounts and charges owed by the owner to the transferring entity, belongs to the surviving beneficiaries and, in the case of substitute beneficiaries permitted under section 22 of this chapter, the lineal descendants of designated beneficiaries who did not survive the owner are entitled to the property as follows: (A) If there are multiple primary beneficiaries and a primary beneficiary does not survive the owner and does not have a substitute under section 22 of this chapter, the share of the non-surviving beneficiary is allocated among the surviving beneficiaries in the proportion that their shares bear to each other. (B) If there are no surviving primary beneficiaries and there are no substitutes for the non-surviving primary beneficiaries under section 22 of this chapter, the property belongs to the surviving contingent beneficiaries in equal shares or according to the percentages or fractional shares stated in the registration. (C) If there are multiple contingent beneficiaries and a contingent beneficiary does not survive the owner and does not have a substitute under section 22 of this chapter, the share of the non-surviving contingent beneficiary is allocated among the surviving contingent beneficiaries in the proportion that their shares bear to each other. (10) If a trustee designated as a beneficiary: (A) does not survive the owner; (B) resigns; or (C) is unable or unwilling to execute the trust as trustee and no successor trustee is appointed in the twelve (12) months following the owner's death; the transferring entity may make the distribution as if the trust did not survive the owner. (11) If a trustee is designated as a beneficiary and no trust instrument or probated will creating an express trust is presented to the transferring entity, the transferring entity may make the distribution as if the trust did not survive the owner. (12) If the transferring entity is not presented evidence during the twelve (12) months after the owner's death that there are lineal descendants of a nonsurviving beneficiary for whom LDPS distribution applies who survived the owner, the transferring entity may make the transfer as if the non-surviving beneficiary's descendants also failed to survive the owner. (13) If a beneficiary cannot be located at the time the transfer is made to located beneficiaries, the transferring entity shall hold the missing beneficiary's share. If the missing beneficiary's share is not claimed by the beneficiary or by the beneficiary's personal representative or successor during the twelve (12) months after the owner's death, the transferring entity shall transfer the share as if the beneficiary did not survive the owner. (14) A transferring entity has no obligation to attempt to locate a missing beneficiary, to pay interest on the share held for a missing beneficiary, or to invest the share in any different property. (15) Cash, interest, rent, royalties, earnings, or dividends payable to a missing beneficiary may be held by the transferring entity at interest or reinvested by the transferring entity in the account or in a dividend reinvestment account associated with a security held for the missing

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beneficiary. (16) If a transferring entity is required to make a transfer on death transfer to a minor or an incapacitated adult, the transfer may be made under the Indiana Uniform Transfers to Minors Act, the Indiana Uniform Custodial Trust Act, or a similar law of another state. (17) A written request for the execution of a transfer on death transfer may be made by any beneficiary, a beneficiary's legal representative or attorney in fact, or the owner's personal representative. (18) A transfer under a transfer on death deed occurs automatically upon the owner's death subject to the requirements of subdivision (20) and does not require a request for the execution of the transfer. (19) A written request for the execution of a transfer on death transfer must be accompanied by the following: (A) A certificate or instrument evidencing ownership of the contract, account, security, or property. (B) Proof of the deaths of the owner and any non-surviving beneficiary. (C) An inheritance tax waiver from states that require it. (D) In the case of a request by a legal representative, a copy of the instrument creating the legal authority or a certified copy of the court order appointing the legal representative. (E) Any other proof of the person's entitlement that the transferring entity may require. (20) On the death of an owner whose transfer on death deed has been recorded, the beneficiary shall file an affidavit in the office of the recorder of the county in which the real property is located. The affidavit must be endorsed by the county auditor under IC 36-2-11-14 in order to be recorded. The affidavit must contain the following: (A) The legal description of the property. (B) The date of death of owner. (2014 Amendment) (C) The name and address of each designated beneficiary who survives the owner or is in existence on the date of the owner's death. (D) The name of each designated beneficiary who has not survived the owner's death or is not in existence on the date of the owner's death. (E) A cross-reference to the recorded transfer on death deed. (c) A beneficiary designation is presumed to be valid. A party may rely on the presumption of validity unless the party has actual knowledge that the beneficiary designation was not validly executed. A person who acts in good faith reliance on a transfer on death deed is immune from liability to the same extent as if the person had dealt directly with the named owner and the named owner had been competent and not incapacitated.

Sec. 27. (a) An owner who makes arrangements for a transfer on death transfer under this chapter gives to the transferring entity the protections provided in this section for executing the owner's beneficiary designation. (b) A transferring entity may execute a transfer on death transfer with or without a written request for execution. (c) A transferring entity may rely and act on: (1) a certified or authenticated copy of a death certificate issued by an official or an agency of the place where the death occurred as showing the fact, place, date, and time of death and the identity of the decedent; and (2) a certified or authenticated copy of a report or record of any governmental agency that a person is missing, detained, dead, or alive, and the dates, circumstances, and places disclosed by the record or report. (d) A transferring entity has no duty to verify the information contained within a written

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request for the execution of a beneficiary designation. The transferring entity may rely and act on a request made by a beneficiary or a beneficiary's attorney in fact, guardian, conservator, or other agent. (e) A transferring entity has no duty to: (1) except as provided in subsection (g), give notice to any person of the date, manner, and persons to whom a transfer will be made under beneficiary designation; (2) attempt to locate any beneficiary or lineal descendant substitute; (3) determine whether a non-surviving beneficiary or descendant had a lineal descendant who survived the owner; (4) locate a trustee or custodian; (5) obtain the appointment of a successor trustee or custodian; (6) discover the existence of a trust instrument or will that creates an express trust; or (7) determine any fact or law that would: (A) cause the beneficiary designation to be revoked in whole or in part as to any person because of a change in marital status or other reason; or (B) cause a variation in the distribution provided in the beneficiary designation. (f) A transferring entity has no duty to withhold making a transfer based on knowledge of any fact or claim adverse to the transfer to be made unless before making the transfer the transferring entity receives a written notice that: (1) in manner, place, and time affords a reasonable opportunity to act on the notice before making the transfer; and (2) does the following: (A) Asserts a claim of beneficial interest in the transfer adverse to the transfer to be made. (B) Gives the name of the claimant and an address for communications directed to the claimant. (C) Identifies the deceased owner. (D) States the nature of the claim as it affects the transfer. (g) If a transferring entity receives a timely notice meeting the requirements of subsection (f), the transferring entity may discharge any duty to the claimant by sending a notice by certified mail to the claimant at the address provided by the claimant's notice of claim. The notice must advise the claimant that a transfer adverse to the claimant's asserted claim will be made not less than forty-five (45) days after the date of the mailing unless the transfer is restrained by a court order. If the transferring entity mails the notice described by this subsection to the claimant, the transferring entity shall withhold making the transfer for at least forty-five (45) days after the date of the mailing. Unless the transfer is restrained by court order, the transferring entity may make the transfer not less than forty-five (45) days after the date of the mailing. (h) Neither notice that does not comply with the requirements of subsection (f) nor any other information shown to have been available to a transferring entity, its transfer agent, or its employees affects the transferring entity's right to the protections provided by this chapter. (i) A transferring entity is not responsible for the application or use of property transferred to a fiduciary entitled to receive the property. (j) Notwithstanding the protections provided a transferring entity by this chapter, a transferring entity may require parties engaged in a dispute over the propriety of a transfer to: (1) adjudicate their respective rights; or (2) furnish an indemnity bond protecting the transferring entity. (k) A transfer by a transferring entity made in accordance with this chapter and under the beneficiary designation in good faith and reliance on information the transferring entity

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reasonably believes to be accurate discharges the transferring entity from all claims for the amounts paid and the property transferred. (l) All protections provided by this chapter to a transferring entity are in addition to the protections provided by any other applicable Indiana law.

Sec. 28. (a) The protections provided to a transferring entity or to a purchaser or lender for value by this chapter do not affect the rights of beneficiaries or others involved in disputes that: (1) are with parties other than a transferring entity or purchaser or lender for value; and (2) concern the ownership of property transferred under this chapter. (b) Unless the payment or transfer can no longer be challenged because of adjudication, estoppel, or limitations, a transferee of money or property under a transfer on death transfer that was improperly distributed or paid is liable for: (1) the return of the money or property, including income earned on the money or property, to the transferring entity; or (2) the delivery of the money or property, including income earned on the money or property, to the rightful transferee. (c) If a transferee of money or property under a transfer on death transfer that was improperly distributed or paid does not have the property, the transferee is liable for an amount equal to the sum of: (1) the value of the property as of the date of the disposition; and (2) the income and gain that the transferee received from the property and its proceeds. (d) If a transferee of money or property under a transfer on death transfer that was improperly distributed or paid encumbers the property, the transferee shall satisfy the debt incurred in an amount sufficient to release any security interest, lien, or other encumbrance on the property. (e) A purchaser for value of property or a lender who acquires a security interest in the property from a beneficiary of a transfer on death transfer: (1) in good faith; or (2) without actual knowledge that: (A) the transfer was improper; or (B) information in an affidavit provided under section 26(b)(20) of this chapter was not true;takes the property free of any claims of or liability to the owner's estate, creditors of the owner's estate, persons claiming rights as beneficiaries of the transfer on death transfer, or heirs of the owner's estate. A purchaser or lender for value has no duty to verify sworn information relating to the transfer on death transfer. (f) The protection provided by subsection (e) applies to information that relates to the beneficiary's ownership interest in the property and the beneficiary's right to sell, encumber, and transfer good title to a purchaser or lender but does not relieve a purchaser or lender from the notice provided by instruments of record with respect to the property. (g) A transfer on death transfer that is improper under section 22, 23, 24, or 25 of this chapter imposes no liability on the transferring entity if the transfer is made in good faith. The remedy of a rightful transferee must be obtained in an action against the improper transferee.

Sec. 29. (a) This chapter does not limit the rights of an owner's creditors against beneficiaries and other transferees that may be available under any other applicable Indiana law. (b) The liability of a beneficiary for creditor claims and statutory allowances is determined under IC 32-17-13.

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Sec. 30. Except as otherwise provided by law, a transfer on death transfer and the obligation of a transferring entity to execute the transfer on death transfer that are subject to this chapter under section 2(b) of this chapter remain subject to this chapter notwithstanding a change in the: (1) beneficiary designation; (2) residency of the owner; (3) residency or place of business of the transferring entity; or (4) location of the property. Sec. 31. (a) The probate court shall hear and determine questions and issue appropriate orders concerning the determination of the beneficiary who is entitled to receive a transfer on death transfer and the proper share of each beneficiary. (b) The probate court shall hear and determine questions and issue appropriate orders concerning any action to: (1) obtain the distribution of any money or property from a transferring entity; or (2) with respect to money or property that was improperly distributed to any person, obtain the return of: (A) any money or property and income earned on the money or property; or (B) an amount equal to the sum of the value of the money or property plus income and gain realized from the money or property.

Sec. 32. (a) Except for transfer on death deeds, a beneficiary designation that purports to have been made and is valid under: (1) the Uniform Probate Code as enacted by another state; (2) the Uniform TOD Security Registration Law as enacted by another state; or (3) a similar law of another state;is governed by the law of that state. (b) A transfer on death transfer subject to a law described in subsection (a) may be executed and enforced in Indiana. (c) Except for transfer on death deeds, the meaning and legal effect of a transfer on death transfer is determined by the law of the state selected in a governing instrument or beneficiary designation.

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Indiana Code 32-17-11

IC 32-17-11 Chapter 11. Multiple Party AccountsIC 32-17-11-1"Account" defined Sec. 1. (a) As used in this chapter, "account" means a contract of deposit of funds between a depositor and a financial institution. (b) The term includes a checking account, savings account, certificate of deposit, share account, and other like arrangement.As added by P.L.2-2002, SEC.2.

IC 32-17-11-2"Beneficiary" defined Sec. 2. As used in this chapter, "beneficiary" means a person named in a trust account as one for whom a party to the account is named as trustee.As added by P.L.2-2002, SEC.2.

IC 32-17-11-3"Financial institution" defined Sec. 3. (a) As used in this chapter, "financial institution" means any organization authorized to do business in Indiana under IC 28 or federal law relating to financial institutions. (b) The term includes the following: (1) Banks and trust companies. (2) Building and loan associations. (3) Industrial loan and investment companies. (4) Savings banks. (5) Credit unions.As added by P.L.2-2002, SEC.2.

IC 32-17-11-4"Joint account" defined Sec. 4. As used in this chapter, "joint account" means an account payable on request to one (1) or more of two (2) or more parties whether or not mention is made of any right of survivorship.As added by P.L.2-2002, SEC.2.

IC 32-17-11-5

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"Multiple party account" defined Sec. 5. (a) As used in this chapter, "multiple party account" means any of the following types of accounts: (1) A joint account. (2) A trust account. (b) The term does not include accounts established for deposit of funds of a partnership, joint venture, or other association for business purposes, or accounts controlled by one (1) or more persons as the duly authorized agent or trustee for a corporation, unincorporated association, charitable or civic organization, or a regular fiduciary or trust account where the relationship is established other than by deposit agreement.

IC 32-17-11-6"Net contribution" defined Sec. 6. As used in this chapter, "net contribution" of a party to a joint account as of any given time means the sum of: (1) all deposits made by or for the party; minus (2) all withdrawals made by or for the party that have not been paid to or applied to the use of any other party; plus (3) a pro rata share of any interest or dividends included in the current balance.The term includes any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question.As added by P.L.2-2002, SEC.2.

IC 32-17-11-7"Party" defined Sec. 7. (a) As used in this chapter, "party" means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple party account beneficiary of a trust account is a party only after the account becomes payable to the payee or beneficiary by reason of the payee's or beneficiary's surviving the original payee or trustee. (b) Unless the context otherwise requires, the term includes a guardian, conservator, personal representative, or assignee, including an attaching creditor, of a party. The term also includes a person identified as a trustee of an account for another whether or not a beneficiary is named. (c) The term does not include: (1) any named beneficiary unless the beneficiary has a present right of withdrawal; or (2) a person who is merely authorized to make a request as the agent of another.As added by P.L.2-2002, SEC.2.

IC 32-17-11-8"Payment" defined Sec. 8. As used in this chapter, "payment" of sums on deposit includes the following: (1) Withdrawal. (2) Payment on check or other directive of a party. (3) Any pledge of sums on deposit by a party. (4) Any set-off, reduction, or other disposition of all or part of any account pursuant to a pledge.As added by P.L.2-2002, SEC.2.IC 32-17-11-9

"Proof of death" defined Sec. 9. As used in this chapter, "proof of death" includes a death certificate, an affidavit of death, or

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a record or report that is prima facie proof of death under IC 29-2-6, IC 29-2-7 (before its repeal), or IC 29-2-14.As added by P.L.2-2002, SEC.2.

IC 32-17-11-10 REPEALED JULY 1, 2009"P.O.D. account" defined Sec. 10. As used in this chapter, "P.O.D. account" means an account payable on request to: (1) one (1) person during the person's lifetime and on the person's death to at least one (1) P.O.D. payee; or (2) one (1) or more persons during their lifetimes and on the death of all of them to one (1) or more P.O.D. payees.As added by P.L.2-2002, SEC.2.

IC 32-17-11-11 REPEALED JULY 1, 2009"P.O.D. payee" defined Sec. 11. As used in this chapter, "P.O.D. payee" means a person designated on a P.O.D. account as one to whom the account is payable on request after the death of one (1) or more persons.As added by P.L.2-2002, SEC.2.

IC 32-17-11-12"Request" defined Sec. 12. As used in this chapter, "request" means: (1) a proper request for withdrawal; or (2) a check or order for payment;that complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution. If the financial institution conditions withdrawal or payment on advance notice, for purposes of this section, the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal.As added by P.L.2-2002, SEC.2.

IC 32-17-11-13"Sums on deposit" defined Sec. 13. As used in this chapter, "sums on deposit" means the balance payable on a multiple party account, including interest, dividends, and any deposit life insurance proceeds added to the account by reason of the death of a party.As added by P.L.2-2002, SEC.2.

IC 32-17-11-14"Trust account" defined Sec. 14. (a) As used in this chapter, "trust account" means an account in the name of at least one (1) party as trustee for at least one (1) beneficiary if: (1) the relationship is established by the form of the account and the deposit agreement with the financial institution; and (2) there is no subject of the trust other than the sums on deposit in the account.It is not essential that payment to the beneficiary be mentioned in the deposit agreement. (b) The term does not include the following: (1) A regular trust account under a testamentary trust.

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(2) A trust agreement that has significance apart from the account. (3) A fiduciary account arising from a fiduciary relation such as attorney-client.As added by P.L.2-2002, SEC.2.

IC 32-17-11-15"Withdrawal" defined Sec. 15. As used in this chapter, "withdrawal" includes payment to a third person pursuant to a check or other directive of a party.As added by P.L.2-2002, SEC.2.

IC 32-17-11-16Application of certain sections Sec. 16. (a) The provisions of sections 17, 18, and 19 of this chapter concerning beneficial ownership as between parties, or as between parties and beneficiaries of multiple party accounts: (1) apply only to controversies between: (A) the parties or the beneficiaries of multiple party accounts; and (B) creditors and other successors of: (i) the parties; or (ii) the beneficiaries of multiple party accounts; and (2) do not affect the power of withdrawal of the parties or the P.O.D. payees or beneficiaries of multiple party accounts as determined by the terms of account contracts. (b) The provisions of sections 22 through 27 of this chapter govern the liability and set-off rights of financial institutions that make payments under sections 22 through 27 of this chapter.As added by P.L.2-2002, SEC.2.

IC 32-17-11-17Ownership of accounts Sec. 17. (a) Unless there is clear and convincing evidence of a different intent, during the lifetime of all parties, a joint account belongs to the parties in proportion to the net contributions by each party to the sums on deposit. (b) Unless: (1) a contrary intent is manifested by the terms of the account or the deposit agreement; or (2) there is other clear and convincing evidence of an irrevocable trust;a trust account belongs beneficially to the trustee during the trustee's lifetime. If at least two (2) parties are named as trustee on the account, subsection (a) governs the beneficial rights of the trustees during their lifetimes. If there is an irrevocable trust, the account belongs beneficially to the beneficiary.As added by P.L.2-2002, SEC.2.

IC 32-17-11-18Ownership of accounts at death of party, original payee, or trustee Sec. 18. (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created. If there are at least two (2) surviving parties, their respective ownerships during lifetime are: (1) in proportion to their previous ownership interests under section 17 of this chapter; and (2) augmented by an equal share for each survivor of any interest the decedent may have owned

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in the account immediately before the person's death.The right of survivorship continues between the surviving parties. (b) If the account is a trust account, on death of the trustee or the survivor of at least two (2) trustees, any sums remaining on deposit belong to the person or persons named as beneficiaries who survive the trustee, unless there is clear and convincing evidence of a contrary intent. If at least two (2) beneficiaries survive, there is no right of survivorship between the beneficiaries unless the terms of the account or deposit agreement expressly provide for survivorship. (c) Except as provided in subsections (a) and (b), the death of any party to a multiple party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of the decedent's estate. (d) A right of survivorship arising: (1) from the express terms of the account; or (2) under: (A) this section;

(B) a beneficiary designation in a trust account; cannot be changed by will.As added by P.L.2-2002, SEC.2.

IC 32-17-11-19Rights of survivorship Sec. 19. (a) The provisions of section 18 of this chapter as to rights of survivorship are determined by the form of the account at the death of a party. (b) The form of an account may be altered by written order given by a party to the financial institution to: (1) change the form of the account; or (2) stop or vary payment under the terms of the account. (c) An order or request described in subsection (b) must be: (1) signed by a party; (2) received by the financial institution during the party's lifetime; and (3) not countermanded by another written order of the same party during the party's lifetime.As added by P.L.2-2002, SEC.2.

IC 32-17-11-20Certain transfers not testamentary Sec. 20. Any transfers resulting from the application of section 18 of this chapter are: (1) effective by reason of: (A) the account contracts involved; and (B) this chapter; and (2) not to be considered as: (A) testamentary; or (B) subject to IC 29.As added by P.L.2-2002, SEC.2.

IC 32-17-11-21Repealed (Repealed by P.L.165-2002, SEC.15.)

IC 32-17-11-21.1Liability for creditor claims and statutory allowances; applicable law

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Sec. 21.1. The liability of a surviving party or beneficiary for creditor claims and statutory allowances is determined under IC 32-17-13.As added by P.L.165-2002, SEC.12.

IC 32-17-11-22Payments; multiple party accounts Sec. 22. (a) Financial institutions may enter into multiple party accounts to the same extent that they may enter into single party accounts. (b) Any multiple party account may be paid, on request, to any one (1) or more of the parties. (c) For purposes of establishing net contributions, a financial institution is not required to inquire as to: (1) the source of funds received for deposit to a multiple party account; or (2) the proposed application of any sum withdrawn from an account.As added by P.L.2-2002, SEC.2. IC 32-17-11-23Payments; joint accounts Sec. 23. (a) Except as provided in subsection (b), any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded. (b) Payment may not be made to the personal representative or heirs of a deceased party unless: (1) proofs of death are presented to the financial institution showing that the decedent was the last surviving party; or (2) there is no right of survivorship under section 18 of this chapter.As added by P.L.2-2002, SEC.2.

IC 32-17-11-24 REPEALED JULY 1, 2009Payments; P.O.D. accounts Sec. 24. A P.O.D. account may be paid, on request: (1) to any original party to the account; (2) upon presentation to the financial institution of proof of death showing that the P.O.D. payee survived all persons named as original payees, the P.O.D. payee, or the personal representative or heirs of a deceased P.O.D. payee; and (3) if proof of death is presented to the financial institution showing that a deceased original payee was the survivor of all other persons named on the account either as an original payee or as P.O.D. payee, the personal representative or heirs of the decedent.As added by P.L.2-2002, SEC.2.

IC 32-17-11-25Payments; trust accounts Sec. 25. A trust account may be paid, on request: (1) to any trustee; (2) unless the financial institution has received written notice that the beneficiary has a vested interest not dependent upon the beneficiary surviving the trustee, if proof of death is presented to the financial institution showing that the decedent was the survivor of all other persons named on the account either as trustee or beneficiary, to the personal representative or heirs of a deceased trustee; and (3) upon presentation to the financial institution of proof of death showing that the beneficiary or beneficiaries survived all persons named as trustee, to the beneficiary or beneficiaries.

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As added by P.L.2-2002, SEC.2.

IC 32-17-11-26Payments; discharge of financial institutions from all claims Sec. 26. (a) Payment made under section 22, 23, or 25 of this chapter discharges the financial institution from all claims for amounts paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successors. (b) The protection provided under this section does not extend to payments made after a financial institution has received written notice from any party able to request present payment to the effect that withdrawals in accordance with the terms of the account should not be permitted. (c) Unless a notice described in subsection (b) is withdrawn by the person giving it, the successor of any deceased party must concur in any demand for withdrawal if the financial institution is to be protected under this section. (d) No other notice or any other information shown to have been available to a financial institution affects the institution's right to the protection provided under this section. (e) The protection provided under this section does not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in or withdrawn from multiple party accounts.As added by P.L.2-2002, SEC.2.

IC 32-17-11-27Right of financial institutions to set off against accounts Sec. 27. (a) Without qualifying any other statutory right to set off or lien and subject to any contractual provision, if a party to a multiple party account is indebted to a financial institution, the financial institution has a right to set off against the account in which the party has, or had immediately before the party's death, a present right of withdrawal. (b) The amount of the account subject to set off as described in subsection (a) is that proportion to which the debtor is, or was immediately before the debtor's death, beneficially entitled. (c) In the absence of proof of net contributions, the amount of the account subject to set off as described in subsection (a) is an equal share with all parties having present rights of withdrawal.As added by P.L.2-2002, SEC.2.

IC 32-17-11-28Provisions in certain agreements nontestamentary; creditors' rights

Sec. 28. (a) Any of the following provisions in an insurance policy, contract of employment, bond, mortgage, promissory note, deposit agreement, pension plan, trust agreement, conveyance, or any other written instrument effective as a contract, gift, conveyance, or trust is considered to be non-testamentary, and this title and IC 29 do not invalidate the instrument or any provision: (1) That money or other benefits due to, controlled, or owned by a decedent before the person's death shall be paid after the person's death to a person designated by the decedent in either the instrument or a separate writing, including a will, executed at the same time as the instrument or subsequently. (2) That any money due or to become due under the instrument shall cease to be payable in event of the death of the promisee or the promisor before payment or demand. (3) That any property that is the subject of the instrument shall pass to a person designated by the decedent in either the instrument or a separate writing, including a will, executed at the same time as the instrument or subsequently.

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(b) This section does not limit the rights of creditors under other Indiana laws.As added by P.L.2-2002, SEC.2.

IC 32-17-11-29Personal property owned as tenants in common; exceptions Sec. 29. (a) This section does not apply to an account. (b) Except as provided in subsection (c), personal property that is owned by two (2) or more persons is owned by them as tenants in common unless expressed otherwise in a written instrument. (c) Upon the death of either husband or wife: (1) household goods: (A) acquired during marriage; and (B) in possession of both husband and wife; and (2) any: (A) promissory note; (B) bond; (C) certificate of title to a motor vehicle; or (D) other written or printed instrument; evidencing an interest in tangible or intangible personal property in the name of both husband and wife;becomes the sole property of the surviving spouse unless a clear contrary intention is expressed in a written instrument.As added by P.L.2-2002, SEC.2.

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Indiana Code 29-1-8

IC 29-1-8 Chapter 8. Dispensing With Administration

IC 29-1-8-1Small estates; affidavit of conditions; motor vehicle transfers; securities; insurance death benefits; safe deposit boxes

Sec. 1. (a) Forty-five (45) days after the death of a decedent and upon being presented an affidavit that complies with subsection (b), a person: (1) indebted to the decedent; or (2) having possession of personal property or an instrument evidencing a debt, an obligation, a stock, or a chose in action belonging to the decedent;shall make payment of the indebtedness or deliver the personal property or the instrument evidencing a debt, an obligation, a stock, or a chose in action to a person claiming to be entitled to payment or delivery of property of the decedent. (b) The affidavit required by subsection (a) must be an affidavit made by or on behalf of the claimant and must state the following: (1) That the value of the gross probate estate, wherever located (less liens and encumbrances), does not exceed fifty thousand dollars ($50,000). (2) That forty-five (45) days have elapsed since the death of the decedent. (3) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction. (4) The name and address of each other person that is entitled to a share of the property and the part of the property to which each person is entitled. (5) That the claimant has notified each person identified in the affidavit of the claimant's intention to present an affidavit under this section. (6) That the claimant is entitled to payment or delivery of the property on behalf of each person identified in the affidavit. (c) If a motor vehicle or watercraft (as defined in IC 9-13-2-198.5) is part of the estate, nothing in this section shall prohibit a transfer of the certificate of title to the motor vehicle if five (5) days have elapsed since the death of the decedent and no appointment of a personal representative is contemplated. A transfer under this subsection shall be made by the bureau of motor vehicles upon receipt of an affidavit containing a statement of the conditions required by subsection (b)(1) and (b)(6). The affidavit must be duly executed by the distributees of the estate. (d) A transfer agent of a security shall change the registered ownership on the books of a corporation from the decedent to a claimant upon the presentation of an affidavit as provided in subsection (a).

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(e) For the purposes of subsection (a), an insurance company that, by reason of the death of the decedent, becomes obligated to pay a death benefit to the estate of the decedent is considered a person indebted to the decedent. (f) For purposes of subsection (a), property in a safe deposit box rented by a decedent from a financial institution organized or reorganized under the law of any state (as defined in IC 28-2-17-19) or the United States is considered personal property belonging to the decedent in the possession of the financial institution.

IC 29-1-8-1.5Affidavit to obtain date of death values for personal property, accounts, and intangible property belonging to a decedent; form of affidavit; duty to furnish information to the affiant Sec. 1.5. (a) This section does not apply to the following: (1) Real property owned by a decedent. (2) The contents of a safe deposit box rented by a decedent from a financial institution organized or reorganized under the law of any state (as defined in IC 28-2-17-19) or the United States. (b) After the death of a decedent, a person: (1) indebted to the decedent; or (2) having possession of: (A) personal property; (B) an instrument evidencing a debt; (C) an obligation; (D) a chose in action; (E) a life insurance policy; (F) a bank account; or (G) intangible property, including annuities, fixed income investments, mutual funds, cash, money market accounts, or stocks; belonging to the decedent;shall furnish the date of death value of the indebtedness or property and the names of the known beneficiaries of property described in this subsection to a person who presents an affidavit containing the information required by subsection (c). (c) An affidavit presented under subsection (b) must state: (1) the name, address, Social Security number, and date of death of the decedent; (2) the name and address of the affiant, and the relationship of the affiant to the decedent; (3) that the disclosure of the date of death value is necessary to determine whether the decedent's estate can be administered under the summary procedures set forth in this chapter; and (4) that the affiant is answerable and accountable for the information received to the decedent's personal representative, if any, or to any other person having a superior right to the property or indebtedness. (d) A person presented with an affidavit under subsection (b) must provide the requested information within three (3) business days after being presented with the affidavit. (e) A person who acts in good faith reliance on an affidavit presented under subsection (b) is immune from liability for the disclosure of the requested information. (f) A person who: (1) is presented with an affidavit under subsection (b); and (2) refuses to provide the requested information within three (3) business days after being presented with the affidavit;is liable to the estate of the decedent.

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(g) A plaintiff who prevails in an action to compel a person presented with an affidavit under subsection (b) to accept the authority of the affiant or in an action for damages arising from a person's refusal to provide the information requested in an affidavit presented under subsection (b) shall recover the following: (1) Three (3) times the amount of the actual damages. (2) Attorney's fees and court costs. (3) Prejudgment interest on the actual damages from the date the affidavit was presented to the person.As added by P.L.95-2007, SEC.7.

IC 29-1-8-2Personal property; payments; delivery; transfer; release Sec. 2. The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable therefore to any personal representative of the estate or to any other person having a superior right.(Formerly: Acts 1953, c.112, s.802; Acts 1975, P.L.288, SEC.13.)

IC 29-1-8-3Disbursement and distribution of estate Sec. 3. (a) If it appears that the value of a decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of: (1) fifty thousand dollars ($50,000); (2) the costs and expenses of administration; and (3) reasonable funeral expenses;the personal representative or a person acting on behalf of the distributees, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled to it and file a closing statement as provided in section 4 of this chapter. (b) If an estate described in subsection (a) includes real property, an affidavit may be recorded in the office of the recorder in the county in which the real property is located. The affidavit must contain the following: (1) The legal description of the real property. (2) The following statement: "It appears that the decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of the following: fifty thousand dollars ($50,000), the costs and expenses of administration, and reasonable funeral expenses.". (3) The name of each person entitled to at least a part interest in the real property as a result of a decedent's death, the share to which each person is entitled, and whether the share is a divided or undivided interest. (4) A statement which explains how each person's share has been determined.

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Indiana Code 29-1-2

IC 29-1-2 Chapter 2. Intestate Succession and Rights of Certain Interested PersonsIC 29-1-2-1Estate; distribution Sec. 1. (a) The estate of a person dying intestate shall descend and be distributed as provided in this section. (b) Except as otherwise provided in subsection (c), the surviving spouse shall receive the following share: (1) One-half (1/2) of the net estate if the intestate is survived by at least one (1) child or by the issue of at least one (1) deceased child. (2) Three-fourths (3/4) of the net estate, if there is no surviving issue, but the intestate is survived by one (1) or both of the intestate's parents. (3) All of the net estate, if there is no surviving issue or parent. (c) If the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent, and the decedent left surviving the decedent a child or children or the descendants of a child or children by a previous spouse, the surviving second or subsequent childless spouse shall take only an amount equal to twenty-five percent (25%) of the remainder of: (1) the fair market value as of the date of death of the real property of the deceased spouse; minus (2) the value of the liens and encumbrances on the real property of the deceased spouse.The fee shall, at the decedent's death, vest at once in the decedent's surviving child or children, or the descendants of the decedent's child or children who may be dead. A second or subsequent childless spouse described in this subsection shall, however, receive the same share of the personal property of the decedent as is provided in subsection (b) with respect to surviving spouses generally. (d) The share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, shall descend and be distributed as follows: (1) To the issue of the intestate, if they are all of the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degrees shall take by representation. (2) If there is a surviving spouse but no surviving issue of the intestate, then to the surviving parents of the intestate. (3) If there is no surviving spouse or issue of the intestate, then to the surviving parents, brothers, and sisters, and the issue of deceased brothers and sisters of the intestate. Each living parent of the intestate shall be treated as of the same degree as a brother or sister and shall be entitled to the same share as a brother or sister. However, the share of each parent shall be not less than one-fourth (1/4)

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of the decedent's net estate. Issue of deceased brothers and sisters shall take by representation.

(4) If there is no surviving parent or brother or sister of the intestate, then to the issue of brothers and sisters. If the distributees described in this subdivision are all in the same degree of kinship to the intestate, they shall take equally or, if of unequal degree, then those of more remote degrees shall take by representation. (5) If there is no surviving issue or parent of the intestate or issue of a parent, then to the surviving grandparents of the intestate equally. (6) If there is no surviving issue or parent or issue of a parent, or grandparent of the intestate, then the estate of the decedent shall be divided into that number of shares equal to the sum of: (A) the number of brothers and sisters of the decedent's parents surviving the decedent; plus (B) the number of deceased brothers and sisters of the decedent's parents leaving issue surviving both them and the decedent; and one (1) of the shares shall pass to each of the brothers and sisters of the decedent's parents or their respective issue per stirpes. (7) If interests in real estate go to a husband and wife under this subsection, the aggregate interests so descending shall be owned by them as tenants by the entireties. Interests in personal property so descending shall be owned as tenants in common. (8) If there is no person mentioned in subdivisions (1) through (7), then to the state.(Formerly: Acts 1953, c.112, s.201; Acts 1965, c.405, s.1.) As amended by P.L.283-1987, SEC.1; P.L.5-1988, SEC.154; P.L.167-1988, SEC.1; P.L.176-2003, SEC.3; P.L.238-2005, SEC.3; P.L.61-2006, SEC.1.IC 29-1-2-5Kindred of half blood; inheritance Sec. 5. Kindred of the half blood shall inherit the same share which they would have inherited if they had been of the whole blood.(Formerly: Acts 1953, c.112, s.205.)IC 29-1-2-6Afterborn children; inheritance Sec. 6. Descendants of the intestate, begotten before his death but born thereafter, shall inherit as if they had been born in the lifetime of the intestate and had survived him. With this exception, the descent and distribution of intestate estates shall be determined by the relationships existing at the time of the death of the intestate.(Formerly: Acts 1953, c.112, s.206.)IC 29-1-2-7Illegitimate children; inheritance Sec. 7. (a) For the purpose of inheritance (on the maternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's mother were married to the child's father at the time of the child's birth, so that the child and the child's issue shall inherit from the child's mother and from the child's maternal kindred, both descendants and collaterals, in all degrees, and they may inherit from the child. The child shall also be treated as if the child's mother were married to the child's father at the time of the child's birth, for the purpose of determining homestead rights and the making of family allowances. (b) For the purpose of inheritance (on the paternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's father were married to the child's mother at the time of the child's birth, if one (1) of the following requirements is met: (1) The paternity of a child who was at least twenty (20) years of age when the father died has been established by law in a cause of action that is filed during the father's lifetime.

(2) The paternity of a child who was less than twenty (20) years of age when the father died has been established by law in a cause of action that is filed:

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(A) during the father's lifetime; or (B) within five (5) months after the father's death. (3) The paternity of a child born after the father died has been established by law in a cause of action that is filed within eleven (11) months after the father's death. (4) The putative father marries the mother of the child and acknowledges the child to be his own. (5) The putative father executes a paternity affidavit as set forth in IC 16-37-2-2.1. (c) The testimony of the mother may be received in evidence to establish such paternity and acknowledgment, but no judgment shall be made upon the evidence of the mother alone. The evidence of the mother must be supported by corroborative evidence or circumstances. (d) If paternity is established as described in this section, the child shall be treated as if the child's father were married to the child's mother at the time of the child's birth, so that the child and the child's issue shall inherit from the child's father and from the child's paternal kindred, both descendants and collateral, in all degrees, and they may inherit from the child. The child shall also be treated as if the child's father were married to the child's mother at the time of the child's birth, for the purpose of determining homestead rights and the making of family allowances.(Formerly: Acts 1953, c.112, s.207.) As amended by P.L.50-1987, SEC.3; P.L.261-1989, SEC.1; P.L.9-1999, SEC.1; P.L.165-2002, SEC.4.IC 29-1-2-8Adopted children; inheritance Sec. 8. For all purposes of intestate succession, including succession by, through, or from a person, both lineal and collateral, an adopted child shall be treated as a natural child of the child's adopting parents, and the child shall cease to be treated as a child of the natural parents and of any previous adopting parents. However, if a natural parent of a child born in or out of wedlock marries the adopting parent, the adopted child shall inherit from the child's natural parent as though the child had not been adopted, and from the child's adoptive parent as though the child were the natural child. In addition, if a person who is related to a child within the sixth degree adopts such child, such child shall upon the occasion of each death in the child's family have the right of inheritance through the child's natural parents or adopting parents, whichever is greater in value in each case.(Formerly: Acts 1953, c.112, s.208; Acts 1961, c.267, s.1; Acts 1965, c.405, s.2; Acts 1969, c.254, s.1.) As amended by P.L.152-1987, SEC.9.

IC 29-1-2-9Relationship through two lines; share Sec. 9. A person who is related to the intestate through two (2) lines of relationship, though under either one alone he might claim as next of kin, shall, nevertheless, be entitled to only one (1) share which shall be the share based on the relationship which would entitle him to the larger share.(Formerly: Acts 1953, c.112, s.209.)IC 29-1-2-14Adultery; forfeiture of rights to estate or trust Sec. 14. If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the deceased husband or wife.(Formerly: Acts 1953, c.112, s.214.) As amended by P.L.238-2005, SEC.5.

IC 29-1-2-15Abandonment; forfeiture of rights to estate or trust Sec. 15. If a person shall abandon his or her spouse without just cause, he or she shall take no part of his or her estate or trust.

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(Formerly: Acts 1953, c.112, s.215; Acts 1975, P.L.289, SEC.1.) As amended by P.L.238-2005, SEC.6.

Indiana Code 29-1-4

Chapter 4. Surviving Spouse and Family Allowances

IC 29-1-4-1Surviving spouse and family allowances Sec. 1. (a) The surviving spouse of a decedent who was domiciled in Indiana at the decedent's death is entitled from the estate to an allowance of twenty-five thousand dollars ($25,000). If there is no surviving spouse, the decedent's children who are under eighteen (18) years of age at the time of the decedent's death are entitled to the same allowance to be divided equally among them. (b) The allowance under subsection (a) may be claimed against: (1) the personal property of the decedent's estate; (2) the real property that is part of the decedent's estate; or (3) a combination of personal property under subdivision (1) and real property under subdivision (2). (c) Not later than ninety (90) days after the order commencing the estate administration, an individual entitled to the allowance may file with the court an election specifying whether the allowance is being claimed under subsection (b) against the personal property of the estate or the real property that is part of the estate, or a combination of both. An interested party may file an objection to the manner in which the allowance is being claimed not later than thirty (30) days after the date the election is filed with the court. The court shall rule on the objection after notice and a hearing. If an election is not filed within ninety (90) days after the order commencing the estate administration, the allowance must be satisfied according to the following order of preference: (1) From the intangible personal property of the estate. (2) From the tangible personal property of the estate. (3) From the real property that is part of the estate. (d) If the personal property of the estate is less than twenty-five thousand dollars ($25,000) in value, the spouse or decedent's children who are under eighteen (18) years of age at the time of the decedent's death, as the case may be, are entitled to any real estate of the estate to the extent necessary to make up the difference between the value of the personal property and twenty-five thousand dollars ($25,000). The amount of that difference is a lien

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on the real estate. However, no real estate may be sold to satisfy the survivor's allowance unless the sale is approved: (1) in an agreement signed by all interested persons; or (2) by court order following notice to all interested persons. (e) An allowance under this section is not chargeable against the distributive shares of either the surviving spouse or the children. (f) For purposes of this section, the value of the real property that is part of a decedent's estate must be determined as of the date of the decedent's death.(Formerly: Acts 1953, c.112, s.401; Acts 1973, P.L.287, SEC.2; Acts 1975, P.L.288, SEC.3.) As amended by Acts 1978, P.L.132, SEC.1; P.L.118-1997, SEC.11;

Indiana Code 29-1-3

IC 29-1-3 Chapter 3. Taking Against a Will and Rights of Pretermitted HeirsIC 29-1-3-1Limitations and conditions Sec. 1. (a) When a married individual dies testate as to any part of the individual's estate, the surviving spouse is entitled to take against the will under the limitations and conditions stated in this chapter. The surviving spouse, upon electing to take against the will, is entitled to one-half (1/2) of the net personal and real estate of the testator. However, if the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent and the decedent left surviving a child or children or the descendants of a child or children by a previous spouse, the surviving second or subsequent childless spouse shall upon such election take one-third (1/3) of the net personal estate of the testator plus an amount equal to twenty-five percent (25%) of the remainder of: (1) the fair market value as of the date of death of the real property of the testator; minus (2) the value of the liens and encumbrances on the real property of the testator.In determining the net estate of a deceased spouse for the purpose of computing the amount due the surviving spouse electing to take against the will, the court shall consider only such property as would have passed under the laws of descent and distribution. (b) When the value of the property given the surviving spouse under the will is less than the amount the surviving spouse would receive by electing to take against the will, the surviving spouse may elect to retain any or all specific bequests or devises given to the surviving spouse in the will at their fair market value as of the time of the decedent's death and receive the balance due in cash or property. (c) Except as provided in subsection (b), in electing to take against the will, the surviving spouse is deemed to renounce all rights and interest of every kind and character in the personal and real property of the deceased spouse, and to accept the elected award in lieu thereof. (d) When a surviving spouse elects to take against the will, the surviving spouse shall be deemed to take by descent, as a modified share, the part of the net estate as does not come to the surviving spouse by the terms of the will. Where by virtue of an election pursuant to this chapter it is determined that the surviving spouse has renounced the surviving spouse's rights in any devise, either in trust or otherwise, the will shall be construed with respect to the property so devised to the surviving spouse as if the surviving spouse had predeceased the testator.(Formerly: Acts 1953, c.112, s.301.) As amended by Acts 1982, P.L.171, SEC.14; P.L.168-1988, SEC.1; P.L.176-2003, SEC.4; P.L.61-2006, SEC.2.

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IC 29-1-3-2Time Sec. 2. (a) Except as provided in subsection (b), the election by a surviving spouse to take the share hereinbefore provided must be made not later than three (3) months after the date of the order admitting to probate the will against which the election is made. (b) If, at the expiration of such period for making the election, litigation is pending to test the validity or determine the effect or construction of the will or to determine the existence of issue surviving the deceased, or to determine any other matter of law or fact which would affect the amount of the share to be received by the surviving spouse, the right of such surviving spouse to make an election shall not be barred until the expiration of thirty (30) days after the final determination of the litigation.(Formerly: Acts 1953, c.112, s.302.) As amended by P.L.238-2005, SEC.7.IC 29-1-3-3Forms; recording; service Sec. 3. (a) The election to take the share hereinbefore provided shall be in writing, signed and acknowledged by the surviving spouse or by the guardian of his estate and shall be filed in the office of the clerk of the court. It may be in the following form: I, A.B., surviving wife (or husband) of C.D., late of the county of ____________ and state of _______, do hereby elect to take my legal share in the estate of the said C.D. and I do hereby renounce provisions in the will of the said C.D. inconsistent herewith. Signed, (Signature) (Acknowledgment) (b) Said election shall be recorded by such clerk in the record of wills, marginal reference being made from such record to the book and page in which such will is recorded, and from the record of such will to the book and page where such election is recorded. (c) The clerk shall cause a copy of said election to be served upon the personal representative and his attorney of record by United States mail addressed to such persons at their respective addresses as shown by the petition for probate of will and appointment of personal representative.(Formerly: Acts 1953, c.112, s.303; Acts 1969, c.67, s.1; Acts 1975, P.L.288, SEC.2.)IC 29-1-3-6Waiver of right Sec. 6. (a) The right of election of a surviving spouse given under section 1 of this chapter may be waived before or after marriage by a written contract, agreement signed by the party waiving the right of election, after full disclosure of the nature and extent of such right, if the thing or the promise given such party is a fair consideration under all the circumstances. (b) The promise of marriage, in the absence of fraud, is sufficient consideration in the case of an agreement made before marriage. An agreement waiving a right of election may be filed in the same manner as provided for the filing of an election under section 3 of this chapter.(Formerly: Acts 1953, c.112, s.306.) As amended by P.L.283-1987, SEC.3.

IC 29-1-3-7

Failure to elect; intestate succession Sec. 7. When a surviving spouse makes no election to take against the will, he shall receive the benefit of all provisions in his favor in the will, if any, and shall share as heir, in accordance with IC 29-1-2-1, in any estate not disposed of by the will. The surviving spouse is not entitled to take any share against the will by virtue of the fact that the testator made no provisions for him therein, except as he shall elect pursuant to IC 29-1. By taking under the will or

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consenting thereto, he does not waive his right to the allowance, unless it clearly appears from the will that the provision therein made for him was intended to be in lieu of that right.(Formerly: Acts 1953, c.112, s.307.) As amended by Acts 1977, P.L.296, SEC.1; P.L.176-2003, SEC.5.

IC 32-17-13 Chapter 13. Liability of Nonprobate Transferees for Creditor Claims and Statutory Allowances

IC 32-17-13-1

"Nonprobate transfer" defined Sec. 1. (a) As used in this chapter, "nonprobate transfer" means a valid transfer, effective at death, by a transferor: (1) whose last domicile was in Indiana; and (2) who immediately before death had the power, acting alone, to prevent transfer of the property by revocation or withdrawal and: (A) use the property for the benefit of the transferor; or (B) apply the property to discharge claims against the transferor's probate estate.The term does not include transfer of a survivorship interest in a tenancy by the entireties real estate, transfer of a life insurance policy or annuity, or payment of the death proceeds of a life insurance policy or annuity. (b) With respect to a security described in IC 32-17-9 "nonprobate transfer" means a transfer on death resulting from a registration in beneficiary form by an owner whose last domicile was in Indiana. (c) With respect to a nonprobate transfer involving a multiple party account, a nonprobate transfer occurs if the last domicile of the depositor whose interest is transferred under IC 32-17-11 was in Indiana. (d) With respect to a motor vehicle or a watercraft, a nonprobate transfer occurs if the transferee obtains a certificate of title in Indiana for: (1) the motor vehicle under IC 9-17-2-2(b); or (2) the watercraft as required by IC 9-31-2-16(a)(1)(C). (e) A transfer on death transfer completed under IC 32-17-14 is a nonprobate transfer.As added by P.L.165-2002, SEC.11. Amended by P.L.143-2009, SEC.40.

IC 32-17-13-2Insufficiency of estate to pay claims and statutory allowances; liability of nonprobate transferee

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Sec. 2. (a) Except as otherwise provided by statute, a transferee of a nonprobate transfer is subject to liability to a decedent's probate estate for: (1) allowed claims against the decedent's probate estate; and (2) statutory allowances to the decedent's spouse and children;to the extent the decedent's probate estate is insufficient to satisfy those claims and allowances. (b) The liability of the nonprobate transferee may not exceed the value of nonprobate transfers received or controlled by the nonprobate transferee. (c) The liability of the nonprobate transferee does not include the net contributions of the nonprobate transferee.As added by P.L.165-2002, SEC.11.

IC 32-17-13-3Priority of liability to probate estate Sec. 3. Nonprobate transferees are liable for the insufficiency described in section 2 of this chapter in the following order: (1) As provided in the decedent's will or other governing instrument. (2) To the extent of the value of the nonprobate transfer received or controlled by the trustee of trusts that can be amended, modified, or revoked by the decedent during the decedent's lifetime. If there is more than one (1) such trust, in proportion to the relative value of the trusts. (3) Other nonprobate transferees in proportion to the values received.As added by P.L.165-2002, SEC.11.

IC 32-17-13-4Beneficiary interests in trusts Sec. 4. Unless otherwise provided by the trust instrument, interest of beneficiaries in all trusts incurring liabilities under this chapter shall abate as necessary to satisfy the liability as if all of the trust instruments were a single trust.As added by P.L.165-2002, SEC.11. Amended by P.L.101-2008, SEC.11.

IC 32-17-13-5Apportionment of liability by instrument Sec. 5. (a) A provision made in an instrument may direct the apportionment of the liability among the nonprobate transferees taking under that or any other governing instrument. (b) If a provision in an instrument conflicts with a provision in another instrument, the later provision prevails.As added by P.L.165-2002, SEC.11.

IC 32-17-13-6Enforcement proceedings; jurisdiction Sec. 6. Upon due notice to a nonprobate transferee, the liability imposed by this chapter is enforceable in proceedings in Indiana in the county where: (1) the transfer occurred; (2) the transferee is located; or (3) the probate action is pending.As added by P.L.165-2002, SEC.11.

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IC 32-17-13-7Commencement of proceedings; immunity of personal representative Sec. 7. (a) A proceeding under this chapter may not be commenced unless the personal representative of the decedent's estate has received a written demand for the proceeding from the surviving spouse or a surviving child, to the extent that statutory allowances are affected, or a creditor. (b) If the personal representative declines or fails to commence a proceeding after demand, a person making demand may commence the proceeding in the name of the decedent's estate at the expense of the person making the demand and not of the estate. (c) A personal representative who declines in good faith to commence a requested proceeding incurs no personal liability for declining.As added by P.L.165-2002, SEC.11.

IC 32-17-13-8

Deadline for commencement of proceedings Sec. 8. A proceeding under this chapter must be commenced not later than nine (9) months after the person's death, but a proceeding on behalf of a creditor whose claim was timely filed may be commenced within: (1) sixty (60) days after final allowance of the claim; or (2) ninety (90) days after demand is made under section 7 of this chapter if the personal representative declines or fails to commence a proceeding after receiving the demand.As added by P.L.165-2002, SEC.11. Amended by P.L.6-2010, SEC.24.

IC 32-17-13-9Release of obligor or trustee from liability for transfer of assets to nonprobate transferee Sec. 9. Unless written notice asserting that a decedent's probate estate is insufficient to pay allowed claims and statutory allowances has been received from the decedent's personal representative, the following rules apply: (1) Payment or delivery of assets by a financial institution, registrar, or another obligor to a nonprobate transferee under the terms of the governing instrument controlling the transfer releases the obligor from all claims for amounts paid or assets delivered. (2) A trustee receiving or controlling a nonprobate transfer is released from liability under this section on any assets distributed to the trust's beneficiaries. Each beneficiary, to the extent of the distribution received, becomes liable for the amount of the trustee's liability attributable to that asset imposed by sections 2 and 3 of this chapter.As added by P.L.165-2002, SEC.11.

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